Applicant Name:   

Application Receipt Date: 2008/08/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 submitted by the applicant. 

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: NIF
Discharge Received: 			   Date: 020326   Chapter: 10     AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: C Co, 203rd Forward Support Battalion (FSB), 3rd INF DIV (Mech), Fort Benning, GA 

Time Lost: AWOL, 228 days (010330-011118), mode of return unknown.  Note: Two documents in the record appear to conflict with time listed on the DD 214 as AWOL.  The applicant admitted guilt to a violation of Article 86 ( AWOL) as a condition of his request for a Chapter 10 discharge.  His DD 214 indicates 228 days of lost time (010330-011118).  However, the applicant's record shows that he received and signed a NCOER, and participated in a urinalysis during this same period.  

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  43
Current ENL Date: 990119    Current ENL Term: NIF Years  ?????
Current ENL Service: 	  3 Yrs, 02Mos, 07Days ?????
Total Service:  		22 Yrs, 10Mos, 20Days ?????
Previous Discharges: 	USNR 780912-780917/NA
                                         USN 780918-820917/HD
                                       USNR 820918-840912/HD
                                       USAR 870707-870720/NA 
                                            RA 870721-900322/HD
                                            RA 900323-931222/HD
                                            RA 931223-990118/HD
Highest Grade: E-7		Performance Ratings Available: Yes    No 
MOS: 91B10/Medical Specialist   GT: 118   EDU: HS GRAD   Overseas: Puerto Rico, Germany, Korea, Kuwait   Combat: None
Decorations/Awards: ARCOM (4), AAM (3), AGCM (3), NGCM, NDSM, AFEM, SWASM, NCOPDR (3), ASR, OSR (3), 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None Listed


VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant states that he was charged (dates NIF) with Article 86, AWOL; Article 112a wrongful use of a controlled substance; Article 121, Larceny and Article 132, Fraud against the U.S. Government.  On 13 February 2002, he 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 commander recommended approval of an under other than honorable conditions discharge.  On 28 February 2002, the separation authority approved the discharge with a characterization of service of under other than honorable conditions.  The applicant was to be reduced to the lowest enlisted rank. 
       
       The record contains an Administrative Reprimand dated 001101, and a Relief for Cause Memorandum dated 001017. 

       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, and the issue he submitted, the characterization of service is improper.  The analyst noted that the government introduced into the discharge packet the results of a biochemical test that was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan.  This is limited use information as defined in Chapter 6, AR 600-85.  Use of this information mandates award of a fully honorable characterization of service.  Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst found that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.  This action requires that the applicant be restored to the grade of SFC/E-7. ??
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       ???

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 22 May 2009         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  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 noted that the government introduced a document into the discharge process revealing that the applicant was enrolled the Alcohol and Drug Prevention and Control Program for substance abuse.  This is limited use information as defined in Chapter 6, AR 600-85.  Use of this information mandates award of a fully honorable discharge.  Accordingly, the Board voted to change the characterization of service to fully honorable.  However, the board found that the reason for discharge was fully supported by the record and voted not to change it. This action entails restoration to the grade of SFC/E-7. 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 4    No change 1
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: E-7
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080012698
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