Application Receipt Date: 080310	

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: 070905
Discharge Received:     Date: 070918   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial
RE:     SPD: KFS
Unit/Location: B Co, 64th Brigade Support Battalion, Fort Carson, CO 

Time Lost: AWOL for 134 days (070309-070720), apprehended.

Article 15s (Charges/Dates/Punishment): None, however, the CG Action Memo makes reference to the applicant receiving a Field Grade Article 15 (061211) for wrongful use of marijuana between (060911 and 061010) reduction to E-2, forfeiture of $713.00 for two month (suspended) and 45 days extra duty; Vacation of suspension (070111) for FTR X 2, fofeiture of $713.00 for two months was vacated; and Field Grade Article 15 (070221) for wrongful use of marijuana between (061206 and 070105), reduction to E-1, forfeiture of $650.00 for two months, 45 days extra duty, and 45 days restriction.  The Article 15's were not found in the available records.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  860417  
Current ENL Date: 060420    Current ENL Term: NIF Years  The applicant's DD Form 214 item 18 "Remarks" makes reference to the applicant having a immediate reenlistment this period (060420-070918), however the record is void of any contract which supports this reenlistment.  The applicant's ERB does show the applicant's ETS as (110419).
Current ENL Service: 01 Yrs, 00Mos, 17Days ?????
Total Service:  02 Yrs, 06Mos, 09Days ?????
Previous Discharges: RA-041028-060419/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 45K10/Armament Repairer   GT: 103   EDU: GED   Overseas: Southwest Asia   Combat: Iraq (051127-060912)
Decorations/Awards: ARCOM, AAM, NDSM, GWOTSM, ICM, ASR
V.  Post-Discharge Activity
Home of Record: 
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 30 July 2007, the applicant was charged with being AWOL (070309 to 090720), failure to go at the time prescribed to his appointed place of duty on diverse occasions between (070223 and 070306), wrongful use of cocaine between (070205 and 070208), and wrongful use of marijuana between (070109 and 070208).  On 30 August 2007, 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 and intermediate commanders recommended approval of an under other than honorable conditions discharge.  On 6 September 2007, the separation authority approved the discharge with an under other than honorable conditions discharge.  
      
      Chronological Record of Medical Care dated 8 Feburary 2007, makes reference to the applicant being assessed for Chronic Post Traumatic Stress Disorder.

      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, documents, and the issue he submitted, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the analyst found that the overall length and quality of the applicant's service, to include his combat service, and the circumstances surrounding the discharge mitigated the discrediting entries in his service record.  However, the analyst determined that the reason for discharge was both proper and equitable.  

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 16 April 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 5    No change 0   - 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 characterization of service was too harsh and as a result, it is inequitable.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  The Board determined that the reason for discharge was both proper and equitable and voted not to change it.


















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: NA
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON			DATE: 18 April 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080003808

Applicant Name:  
______________________________________________________________________


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