Applicant Name:  ?????

Application Receipt Date: 2008/10/23	Prior Review:     Prior Review Date: NA     

I.  Applicant 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?	     
Tender Offer:   Yes/16 March 2009

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	NIF   Date: NIF
Discharge Received: 			   Date: 050718   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: B Btry, 2-4 FA Bn, Fort Sill, OK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050204, wrongful use of marijuana x 2 between (04114-041214), (041023-041122) and wrongful use of cocaine between (041019-04118), reduction to E-4, forfeiture of $893 x 2, extra duty for 45 days and restriction for 45 days (FG).

020102, wrongful use of marijuana between (011203-020103), reduction to E-2, forfeiture of $289 (suspended), extra duty for 14 days (CG).  

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 010201    Current ENL Term: 6 Years  with an approved preaccession DAT (010125)
Current ENL Service: 	04 Yrs, 05Mos, 18Days ?????
Total Service:  		04 Yrs, 05Mos, 18Days ?????
Previous Discharges: 	None
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 13P10 MLRS Operating Field Spec   GT: 117   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (Dates NIF)
Decorations/Awards: ARCOM, AAM-4, 

V.  Post-Discharge Activity
City, State:  Hurst, TX
Post Service Accomplishments: The applicant stated he was enrolled at Tarrant County College pursuing a degree in Secondary Education with a 3.6 grade point average.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 26 May 2005, the applicant was charged with failure to report x 2 (050425) and (050516); and wrongful use of marijuana x 3 between (041215-050112), (050117-050217) and (050419-050519).  On 5 July 2005, 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 submitted a statement in his own behalf.  The unit commander   recommended approval of an under other than honorable conditions discharge. The intermediate commanders and senior intermediate commander recommended approval of an under other than honorable conditions discharge.  On 11 July 2005, 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. 
       
       Further, the analyst noted that the applicant's administrative discharge process was originated initially under the provisions of Chapter 14, Paragraph 14-12c, AR 635-200.  Subsequently, the separation process was changed to a Chapter 10.
       
       The applicant's record contains two CID Reports of Investigation dated 24 November and 16 December 2004.  

       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, the issues and documents he and submitted, the analyst determined that 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 entails a restoration of grade to SPC/E-4.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 16 March 2009         Location: Washington, DC

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 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 discharge.  Accordingly, the Board voted to change the characterization of service to fully honorable.  However, the board determined that the reason for discharge was fully supported by the record and voted not to change it.  This action entails a restoration of grade to SPC/E-4.



        
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			 
								         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: SPC/E-4
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080017058
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