Applicant Name: ?????

Application Receipt Date: 070802	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents submitted by the applicant. 

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: NIF
Discharge Received:     Date: 021008   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: KFS
Unit/Location: A Co, USA MEDDAC, Fort Hood, TX 76544-4752 

Time Lost: AWOL x 2 for 210 days (011222-020122, mode of return unknown and (020123-020721), returned to unit. 

Article 15s (Charges/Dates/Punishment): 011113, tested positive for marijuana (010911), reduction to E-1, forfeiture of 1/2 month pay x 2, 45 days restriction and 45 days extra duty (FG).

010904, tested positive for marijuana (010730), reduction to E-3, forfeiture of 
$394.05 x 1, 14 days extra duty and 14 days restriction (CG).  

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  7610  
HOR City, State: Potsdam, NY
Current ENL Date: 001130    Current ENL Term: 3 Years  ?????
Current ENL Service: 01  Yrs, 10 Mos, 09 Days ?????
Total Service:  04 Yrs, 11 Mos, 19 Days ?????
Previous Discharges: RA-970318-001129/HD
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 91W10 Healthcare Spec   GT: 97   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: NDSM, ASR, OSR

V.  Post-Discharge Activity
Post Service Accomplishments: The applicant submitted documentation which shows he enrolled at State University of New York in the physical therapist assistance program.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-commission of a serious offense for a total of four positive urinalysis tests, a Company Grade and a Field Grade Article 15, with an under other than honorable conditions discharge.  However, the evidence of record further shows that on 19 August 2002, the applicant was charged with AWOL (011222-020722).  Furthermore, the applicant's voluntarily request in writing for discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial and the unit commander's  recommendation for approval of an under other than honorable conditions discharge, is not part of the available record and the analyst presumed Government regularity in the discharge process.  On 2 October 2002, the separation authority approved the discharge with an under other than honorable conditions discharge. 
      
      The applicant's record contains a CID Report of Investigation dated 31 August 2001.
      
      The applicant's record contains a General Officer Reprimand dated 20 September 2001, for wrongfully using marijuana (Administrative).  

      b.  Legal Basis for Separation:  
      Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt.  Army policy states that although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s military records during the period of enlistment under review and the issues he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The evidence of record shows the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  The applicant consulted with defense counsel, and voluntarily in writing, requested separation from the Army in lieu of trial by court-martial.  In doing so, the applicant admitted guilt to the stipulated or lesser-included offenses under the UCMJ.  The analyst noted that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge.  Furthermore, the analyst noted the applicant's issue; however, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” can not be waived and the applicant is no longer eligible for reenlistment.  In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 23 July 2008              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA




VIII.  Board Decision
The discharge was:			Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Equitable	 	Inequitable	

DRB voting record:  		      Change 0    No change 5   - Character
		 			      Change 0    No change 5   - Reason
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.  























								        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 25 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070010696
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