Applicant Name:  ?????

Application Receipt Date: 090317 (Ex Parte)	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's father (ex parte).

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   No

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: NIF
Discharge Received: 			   Date: 040312   Chapter: 10       AR: 635-200
Reason: In Lieu of trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: A Btry, 2nd Bn, 4th FA, Fort Sill, OK 

Time Lost: AWOL 4 times for total of 56 days (031024-031026/surrendered, 031028-031029/surrendered, 040108-040122/surrendered, 040201-040310/apprehended); Pretrial confinement (040224/no further information)

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 010109    Current ENL Term: 04 Years  ?????
Current ENL Service: 	03 Yrs, 00 Mos, 05 Days ?????
Total Service:  		03 Yrs, 00 Mos, 05 Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 13M  MLRS Crewmember   GT: 110   EDU: HS Grad   Overseas: Republic of Korea, SWA   Combat: Iraq (dates NIF)
Decorations/Awards: NDSM, ASR; AAM (possibly 3) not indicated on the Applicant's DD Form 214

V.  Post-Discharge Activity
City, State:  Daingerfield, TX
Post Service Accomplishments: NA

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 5 February 2004, the Applicant was charged with failure to go to his appointed place of duty x 2 (030920, 031002), being AWOL x 4 (031024-031027, 031028-031030, 040108-040123, 040130-040201), wrongfully using marijuana (030927-031027) and, wrongfully possessing marijuana (040201).  On 11 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 veteran’s benefits.  The Applicant did not submit a statement in his own behalf.  The unit commander recommended approval of the Chapter 10 request with an under other than honorable conditions discharge.  On 11 March 2004, the separation authority approved the Chapter 10 request with an under other than honorable conditions discharge.  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 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 the Applicant’s available military records during the period of enlistment under review, the issues and documents submitted with the application, 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 the former Soldier’s faithful and honorable service, as well as the 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 the combat service, and the supporting medical documents from the Veterans Administration, mitigated the discrediting entries in the service record.  Accordingly, the analyst recommends to the Board that the Applicant’s characterization of service be upgraded to general, under honorable conditions.  However, the reason for discharge remains both proper and equitable.  This action entails a restoration of grade to E-4/SPC.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 13 May 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 is now inequitable.  The Board found that the overall length and quality of the Applicant's service, to include his combat service and, the circumstances surrounding his discharge (undiagnosed PTSD), mitigated the discrediting entry in his service record.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority.  This action entails a change to the reentry eligibility (RE) code to "1" and, restoration of grade to E-4/SPC.










 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 5    No change 0
(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: Secretarial Authority
Other: None										
RE Code: 
Grade Restoration:   No   Yes   Grade: Restoration of grade to E-4/SPC.
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090007012
______________________________________________________________________________


Page 1 of 3 pages