Applicant Name:  ?????

Application Receipt Date: 2009/04/27	Prior Review:     Prior Review Date: 071003, ADRB Records Review, denied, 4-1.

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: 060920   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: A Co, 1/14th Inf, 25th Inf Div, Schofield Barracks, HI 

Time Lost: AWOL X 3; 2 days (060710-060711), apprehended; 30 days (060729-060818), surrendered; and 5 days (060901-060905), apprehended.  The applicant was AWOL for a total of 37 days.  The applicant was placed in pre-trial confinement for 7 days (060906-060912).

Article 15s (Charges/Dates/Punishment): 060330, Wrongfully used cocaine, between on or about 060127 and 060202, reduction to E2, forfeiture of $713.00 pay per month for 2 months, 45 days extra duty, and 45 days restriction, (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  26
Current ENL Date: 050207    Current ENL Term: 04 Years  ?????
Current ENL Service: 	01 Yrs, 06Mos, 06Days ?????
Total Service:  		03 Yrs, 06Mos, 08Days Based on enlistment contracts found in the applicant's records, block 12c "Net Service this Period" of the applicant's DD Form 214, should read 03 Yrs, 06 Mos, and 08 Days.
Previous Discharges: 	RA-030206-050206/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 93   EDU: HS Transcript   Overseas: Hawaii, Southwest Asia   Combat: Afghanistan (040324-050323)
Decorations/Awards: ARCOM, AAM, NDSM, GWOTEM, GWOTSM, ASR, OSR-2, CIB 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None Listed









VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 12 September 2006, the applicant was charged with AWOL X 3, (060710 to 060712, 060729 to 060819, and 060901 to 060906); and wrongful use of cocaine on or between 060706 and 060712.  On 12 September 2006, 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 commander recommended approval of an under other than honorable conditions discharge.  On 13 September 2006, the separation authority approved the discharge with an under other than honorable conditions discharge.  

       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 several mitigating factors that would warrant an upgrade of the applicant's characterization of service to general, under honorable conditions.  There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  While the applicant's misconduct is not condoned, the analyst determined that the characterization of service is too harsh and as a result, it is inequitable.  The analyst found that the applicant's misconduct was mitigated by service of sufficient length and quality to include his combat service, to warrant an upgrade of the discharge under review.  Accordingly, the analyst recommends to the Board that relief be granted in the form of an upgrade of the  characterization of service to general, under honorable conditions.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 27 July 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: Applicant's mother and a friend. 

Exhibits Submitted: The applicant submitted 21 pages of additional documents in support of his hearing.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh, and as result it is inequitable.  The Board does not condone the applicant’s misconduct; however, the Board found that the overall length and quality of the applicant's service to include his combat service, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined that the reason for discharge was both 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			 
								         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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090008416
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