Applicant Name:  

Application Receipt Date: 2008/08/26	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and enclosed documents 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: 070810
Discharge Received: 			   Date: 071130   Chapter: 10    AR: 635-200
Reason: In Lieu of trial By Court-Martial	   RE:     SPD: KFS   Unit/Location: Rear Detachment, 5-158th Aviation Regt, Ansbach, Germany 

Time Lost: 26 days, AWOL (070614-070709), surrendered

Article 15s (Charges/Dates/Punishment): 070612, wrongfully tested positive for marijuana (070312-070412) and cocaine (070405-070412), reduction to E-1, forfeiture of $650 x 2, 45 days extra duty and restriction (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 030624    Current ENL Term: 6 Years  ?????
Current ENL Service: 	04 Yrs, 05Mos, 07Days ?????
Total Service:  		04 Yrs, 05Mos, 07Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 15H10/Aircraft Hydraulics Rpr   GT: 121   EDU: HS Grad   Overseas: Germany, Lebanon, Afghanistan   Combat: Lebanon (060902-061028), Afghanistan (050213-060228)
Decorations/Awards: ARCOM, NDSM, Afghanistan Campaign Medal, GWOTSM, ASR, OSR-2

V.  Post-Discharge Activity
City, State:  New Brighton, PA
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 10 August 2007, the applicant was charged with being AWOL (070614-070709), and with missing movement (070715).  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 and intermediate commanders recommended disapproval of the chapter 10 request and trial by court martial.  The applicant waived the article 32 investigation.  On 21 November 2007, the separation authority approved the discharge with characterization of service of under other than honorable conditions.  The applicant was to be reduced to the lowest enlisted rank. 
       
       The record contains a 15-6 Investigation dated 30 July 2007. 

       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 available military records during the period of enlistment under review, the issues and documents 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 noted that the overall length and quality of the applicant's service to include his combat service in Afghanistan, and by the circumstances surrounding the applicant's discharge, mitigated the discrediting entries in his service record.  The record indicates that on 14 July 2007, the applicant was diagnosed with PTSD, anxiety disorder, and drug dependence.  In view of the foregoing, the analyst recommends to the Board that the applicant’s characterization of service be partially upgraded to general, under honorable conditions.  However, the reason for discharge remains both proper and equitable. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 1 October 2008         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 determined that the characterization of service was too harsh based on the applicant’s length and quality of service to include his combat service, and the circumstances surrounding his discharge, and as a result it is inequitable.  The Board noted the applicant served in Afghanistan for over one year followed by a short deployment to Lebanon.  He was diagnosed with PTSD while in the Army.   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 proper and equitable and voted not to change it. 
       
IX.  Board Decision						
		XI.  Certification Signature
Board Vote:  							          	Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 0    No change 5
(Board member names available upon request)
								         	EDGAR J. YANGER			 
Issue a new DD Form 214  					         	Colonel, U.S. Army
Change Characterization to:      	President, Army Discharge Review Board 
Change Reason to:  
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080013527
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