Applicant Name:  ?????

Application Receipt Date: 2009/02/19	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:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: NIF
Discharge Received: 			   Date: 020510   Chapter: 10      AR: 635-200
Reason: In Lieu of Trail by Court-Martial	   RE:     SPD: KFS   Unit/Location: HHS Btry, 1-39 FA (MLRS), Fort Stewart, GA  

Time Lost: Confinement/Civil Authorities for 16 days (020424-020510).

Article 15s (Charges/Dates/Punishment): 011205, wrongful use of marijuana (010821-010920); reduction to E-1, forfeiture of $500 pay x 2 months, extra duty for 40 days , and restriction for 45 days (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 010413    Current ENL Term: 3 Years  ?????
Current ENL Service: 	01 Yrs, 00Mos, 11Days ?????
Total Service:  		03 Yrs, 11Mos, 09Days ?????
Previous Discharges: 	ARNG-980515-010412/NA
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 13P10 MLRS Lance Operations Fire Direction Spec   GT: 115   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  Lexington, SC
Post Service Accomplishments: The applicant claims he attended Christ Central Institute and is a full time minister for veterans.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 12 April 2002, the applicant was charged with failure to report x 4 (011220), (011220), (011220), and (011221); wrongful use of marijuana x 2 (011230-020131), (020410), and wrongful possession of marijuana (020410).  On 22 April 2002, 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 applicant's chain of command recommended approval of the Chapter 10 request with an under other than honorable conditions discharge.  On 27 April 2002, the separation authority approved the Chapter 10 request with an under other than honorable conditions discharge.  
       
       The applicant's record contains an approved Bar to Reenlistment dated 3 January 2002.

       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 submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The evidence of record shows the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  The applicant consulted with defense counsel, and voluntarily in writing, requested separation from the Army in lieu of trial by court-martial.  In doing so, the applicant admitted guilt to the stipulated or lesser-included offenses under the UCMJ.  The analyst noted that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge.  Furthermore, the analyst noted the applicant’s issues that his discharge proceedings began prior to 180 days of active service and his characterization of service should have been uncharacterized; however, the evidence of record shows that the applicant was charged on the DD Form 458 (Charge Sheet) 12 April 2002; he entered active duty on 13 April 2001, and at the time the discharge proceedings were initiated the applicant's creditable service was 01 Yrs, 00 Mos, 00 Days.  Further, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Finally, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment.  In view of the foregoing, the analyst determined that the  reason for discharge  and the characterization of service were both proper and equitable and recommends to the Board to deny relief. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 18 November 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 determined that the discharge was both proper and equitable and voted to deny relief.  





        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
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: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090002570
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