Applicant Name:  ?????

Application Receipt Date: 2010/02/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he came into the Army at 17 years of age, and his first duty station was Korea, where he was probably to young to be. He got into some trouble for under age drinking, fighting and failing a piss test for cocaine. He went to Iraq and had to fly home for emergency surgery and once there, he had a lot of money and no one to watch him. He wants to be able to go back into the Army. He also states that he did not have proper legal help all the time. His lawyer went on vacation while the decision came down. 

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: 040504
Discharge Received: 			   Date: 040514   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: 102nd Quartermaster Company, 561st Corps Support Battalion, 101st Corps Support Group (Airborne), Fort Campbell, KY 

Time Lost: AWOL x 2 from (031203-031207) for 5 days, the applicant returned to his unit, and AWOL from (040311-040317) for 7 days, the applicant returned to his unit. The 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:  27
Current ENL Date: 010403    Current ENL Term: 3 Years  The applicant waived his enlistment commitment.
Current ENL Service: 	3 Yrs, 1 Mos, 0 Days The applicant was retained in the service 32 days for the convenience of the Government.
Total Service:  		3 Yrs, 1 Mos, 0 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92F10 Petroleum Supply Spec   GT: 93   EDU: GED Cert   Overseas: Korea (011016-021015), Southwest Asia   Combat: Kuwait/Iraq (030301-030901)
Decorations/Awards: GWOTEM, GWOTSM, NDSM, KDSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  ?????
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 9 March 2004, the applicant was charged on divers occasions with wrongfully using cocaine between on or about (031102-040203), wrongfully distributing some amount of cocaine on or about (040203), and on divers occasions wrongfully distribute some amount of cocaine between on or about (031110-040203), and AWOL from (040311-040318).  On 30 April 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 and intermediate commander's recommended approval of an under other than honorable conditions discharge.  On 4 May 2004, the separation authority approved the discharge 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, 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, and the issue submitted with the application, the analyst found no mitigating factors which 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 the applicant was aware of that prior to requesting discharge. 
       
       Furthermore, the analyst noted the applicant's issue that he came into the Army at the age of 17, and his first duty station was Korea, where he was probably to young to be.  He wants to be able to go back into the Army.  He also states that he did not have proper legal help all the time and his lawyer went on vacation when the decision came down.  The analyst noted that the applicant met entrance qualification standards to include age. 
       
       The analyst further found no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service.  Further, the record reflects that the applicant received legal counsel and indicated that he understood that if his request was accepted he would receive an under other than honorable conditions discharge.  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.  
       
       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: 27 October 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 28 January 2010.

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 AR20100008553
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