Applicant Name: ?????
Application Receipt Date: 2008/12/09 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See 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: 040204
Discharge Received: Date: 040225 Chapter: 10 AR: 635-200
Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: HHC 2/69th Armor, Ft Benning, GA
Time Lost: None
Article 15s (Charges/Dates/Punishment): 020806, wrongfully use Cocaine (020628-020701), reduction to E1,
forfeiture of $552 pay per month for two months, extra duty and restriction for 45 days (FG).
020709, wrongfully inhale CRC Duster or some hazardous substance (020629), reduction to E3, suspended to be
automatically remitted if not vacated before 030109, forfeiture of $304 pay for one month, extra duty for 14
days and restriction for 3 days (CG).
010425, drunk on duty (010308), reduction to E1, forfeiture of $243 pay per month for one month, suspended to
be automatically remitted if not vacated before 010725, extra duty for 7 days (CG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 26
Current ENL Date: 000824 Current ENL Term: 3 Years (Moral waiver for marijuana use on 000802)
Current ENL Service: 3 Yrs, 06Mos, 02Days ?????
Total Service: 3 Yrs, 06Mos, 02Days Retained 186 days for the convenience of the Government.
Previous Discharges: None
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 19K10/M1 Armor Crewman GT: 105 EDU: GED Overseas: Kosovo Combat: None
Decorations/Awards: ASR, KCM, NATO Medal
V. Post-Discharge Activity
City, State: Miami, FL
Post Service Accomplishments: None submitted by the Applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 4 February 2004, the applicant was charged with having received a lawful
command from a Colonel not to operate a privately owned motor vehicle on Ft Benning, willfully disobeyed the same and
for physically controlling a vehicle while the alcohol concentration in his breath was .290 grams of alcohol per liter
or greater. On 3 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 veterans 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 4 February 2004, 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.
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 individuals 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 applicants military records, and the issue submitted with the application,
the analyst found that the characterization was improper. The analyst noted that the government introduced the
results of a command directed urinalysis into the discharge process. This is limited use information as defined in
Chapter 6, AR 600-85. Use of this information mandates award of a fully honorable discharge. Therefore, the analyst
recommended to the board to change the characterization of service to fully honorable. Further, the analyst
determined the reason for discharge and the characterization of service were both proper and equitable and recommends
to the Board to deny relief. This entails a grade restoration to E4.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 16 September 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 applicants record of service during the period of enlistment under review and
considering the analysts recommendation and rationale, the Board noted that the government introduced the results
of a command directed urinalysis into the discharge process. 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.
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: E4
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090000507
______________________________________________________________________________
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