Applicant Name:  ?????

Application Receipt Date: 2009/11/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I realize the error of my ways.  I have worked extremely hard to correct and mends those ways.  After being separated from the Army, I realize that being a soldier is what I truly want to do with my life.  I have struggled with addition and have taken necessary action to conqure this problem once and for all.  I have dedicated the last fourteen months to working on my issues with addiction by voluntarily admitting myself into a long term alcohol and drug rehabilitation center and completing the necessary requirements demanded by that program. 

I have been clean and sober for over fourteen months, since July 21st, 2008.  I will maintain my sobriety.  I am an alumni of that program in good standing and have gone on to further my recovery by giving back to the program by becoming a counselor at the recovery center and helping other men who are struggling with chemical dependency.  I have completely turned my life around and am nothing like the undisciplined, irresponsible, reckless man I was before. 

I am seeking for the opportunity to serve my country again.  I am asking for opportunity to prove to the United States Army that I have the determination, motivation, discipline, sound judgement , and courage that are required to be an outstanding soldier in the United States Army.  I am requesting that my discharge be upgraded to General Under Honorable, and that my re-entry code be upgraded to meet the requirements of a soldier eligible for re-enlistment.  I know my record doesn't say anything good on my behalf, but given this opportunity I assure you that will change."   

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: 061218
Discharge Received: 			   Date: 061222   Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: A Co, 19th Engineer Battalion, Fort Knox, KY 

Time Lost: AWOL x 2 from (061031-061101) for 2 days; mode of return is unknown; AWOL from (061205-051214) for  10 days; mode of return is unknown.  Total time lost was 12 days.

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:  21
Current ENL Date: 051110    Current ENL Term: 4 Years  ?????
Current ENL Service: 	1 Yrs, 01Mos, 02Days The applicant required a moral waiver at the time of enlistment, which was approved on (051021).
Total Service:  		1 Yrs, 01Mos, 02Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 21W10 Carpentry/Masonry Spec   GT: 119   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR 




V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated on his DD Form 293 that he is an Assistant Staff Member at The Hope Center, in Lexington, KY.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 1 December 2006, the applicant was charged with wrongfully using cocaine on divers occasions, between on or about (060501-060623); failed to obey a lawful order issued by 2LT x 2 on or about (060905); (060828); failed to go to his appointed place of duty x 9 on or about (060620); (060622); (060626); (060822); (060823); (060824); (060828); (060905); (060906).  On 1 December 2009, 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 and intermediate commanders recommended approval of the Chapter 10 request with an under other than honorable conditions discharge.  
       On 21 December 2006, 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.
       
       The record contains a CID Report dated 12 July 2006, identifying the applicant as a suspect for wrongful possession, use and distribution of a controlled substance. 

       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, under honorable conditions 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, the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The evidence of record indicates that 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. 
       
       The analyst noted the applicant's issue and acknowledges the applicant's successful transition to civilian life and the many accomplishments outlined in his application and in the documents with his application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and the characterization of service granted.  Further, the applicant had many legitimate avenues through which to obtain assistance or relief (i.e., chaplain, army community services, army substance abuse program), without committing the misconduct, which led to the separation action under review.  
       
       Additionally, 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. 
       
       Therefore, 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: 1 September 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 28 October 2009, a copy of his DD Form 214, and Character Reference letters from the Hope Center (5 pages). 

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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change










Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090019982
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