Application Receipt Date: 070912

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached DD Form 293 and letter of support.

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: 040224
Discharge Received:     Date: 040303
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: NIF
Unit/Location: US Army, 2145th Garrison Support Unit, Fort Benning, GA,
mobilized under the 318th Chemical Company, Fort Bragg, NC  28310

Time Lost: Absent without leave for a total of 240 days (030623-040217).
Applicant surrendered to military authorities at Fort Benning, GA, and was
transferred to Fort Knox, KY.

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  770607
Current ENL Date: 030124/OAD    Current ENL Term: 365 Days  The applicant's
DD Form 214 Item 12a "Date Entered AD This Period" incorrectly shows date
as: year 2003, months 01, days 23, should read years 2003, months 01, days
24, information is based on orders dated (030116) found in the applicant's
available record.
Current ENL Service: 00 Yrs, 05Mos, 15Days      
Total Service:  04 Yrs, 07Mos, 16Days The applicant's DD Form 214 for the
period under review does not account for the period of active service from
(011127-021114), which would give the applicant a total of 01 years, 04
months, and 03 days of Prior Active Service.  Also, the Total Prior
Inactive Service should read 02 years, 09 months, and 28 days, not 03
years, 09 months, and 15 days, as found on the current DD Form 214.
Previous Discharges: USAR-981123-990106/NA
                                      ADT-990107-990521/HD
                                      USAR-990522-011126/NA
                                      OAD-011127-021114/HD
                                      USAR-021115-030123/NA
                                      Concurrent Service
Highest Grade: E3
Performance Ratings Available: Yes    No
MOS: 74D10 (Chemical Operations Specialist)   GT: NIF   EDU: NIF
Overseas: None   Combat: None
Decorations/Awards: NDSM, AFRM (1st Hourglass Device), ASR
V.  Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: The applicant states that he is attending
Alcoholic Anonymous and Narcotics Anonymous meeting.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 23 February 2004, the applicant
was charged with AWOL from 23 June 2003 until 18 February 2004.  On 23
February 2004, the applicant consulted with legal counsel and voluntarily
requested, in writing, discharge under the provisions of Chapter 10, AR 635-
200 in lieu of trial by court-martial.  In this request, the applicant
admitted guilt to the offense, or a lesser included offense.  Further, the
applicant indicated that he understood that he could receive an under other
than honorable conditions discharge and that the discharge would have a
significant effect on eligibility for veteran’s benefits.  The applicant
did not submit a statement in his own behalf.  The unit commander reviewed
the proposed discharge action and recommended approval of the separation
action with a under other than honorable conditions discharge.  On 25
Feberuary 2004, the separation authority approved the discharge with an
under other than honorable conditions discharge.  The applicant was to be
reduced to the lowest enlisted rank.

      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,
document, and the issue 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 and determined that the applicant
had many legitimate avenues through which to obtain assistance or relief,
without committing the misconduct, which led to the separation action under
review.  In view of the foregoing, the analyst determined that the reason
for discharge and the characterization of service were both proper and
equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing:                  Date: 26 October 2007
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          No change         -
Character
                                   Change          No change         -
Reason
                                   (Board member names available upon
request)

IX.  Board Discussion, Determination, and Recommendation
     

Case report reviewed and verified by: Eric S. Moore, Examiner

X.  Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to:      
Other:      
RE Code:
Grade Restoration:   No   Yes  Grade:      

XI.  Certification Signature and Date
Approval Authority:

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

Official:


CHRISTINE U. MARTINSON            DATE: 2 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder