Applicant Name:  ?????

Application Receipt Date: 2010/08/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he completed his full term of service and was told at the time he signed his DD Form 214, he could upgrade his discharge after 6 months. He needs medical benefits for PTSD-diagnosed prior to discharge by the Army doctors. He wants to go to college and use his GI Bill to further his education.  

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: 020315   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: HQ & HQ Company, 9th Engineer Battalion, Ledwards Barracks, Schweinfurt, Germany, APO AE 

Time Lost: AWOL x 2 from (011217-011225) for 9 days, returned to his unit, AWOL from (011229-020101) for 3 days, apprehended. Total time lost was 12 days. 

Article 15s (Charges/Dates/Punishment): 010823, failed to go to his appointed place of duty x 4 from (010716), (010710), (010717), (010717), reduction to Private (E-2), forfeiture of $272.00 pay, extra duty and restriction for 14 days (CG)

010108, AWOL from (001023-001120), wrongfully used marijuana on or about (000627), reduction to Private (E-2), the portion of the punishment in excess of reduction to Private First Class (E-3) is suspended, forfeiture of $300.00 pay per month for two months, both to be automatically remitted if not vacated before (010707), extra duty and restriction for 45 days, the portion of the punishment in excess of extra duty for 10 days was suspended, and to be automatically remitted if not vacated before (010707) (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 980811    Current ENL Term: 3 Years  The applicant extended his enlistment for 5 months, giving him a new ETS date of: (020110).
Current ENL Service: 	3 Yrs, 6 Mos, 23 Days The net active service this period on the DD Form 214, block 12c is incorrect; should be as annotated above. The applicant had 12 days of lost time, which was not deducted from his net active service.  See DD Form 214, block 29 and the DA Form 4187.
Total Service:  		3 Yrs, 6 Mos, 23 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 62B10 Construction Equip Repairer   GT: 103   EDU: GED Cert   Overseas: Germany (990105-020315)   Combat: None
Decorations/Awards: 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 29 January 2002, the applicant was charged with attempting to distribute marijuana between (010301-011026), AWOL x 2 from (011217-011226) and AWOL from (011229-020102), wrongfully distributing hashish on or about (010803-011201), wrongfully using marijuana on divers occasions between (010811-011115), and wrongfully possessing marijuana on or about (011001).  On 6 February 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 unit commander and intermediate commanders recommended disapproval of the applicant's request for discharge, and indicated that if it is approved recommended separation with an under other than honorable conditions discharge.  The senior commander recommended approval with an under other than honorable conditions discharge.  On 7 March 2002, 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. 
       
       The record contains three CID Reports of investigation in reference to the applicant's offenses of; wrongful use of marijuana dated 21 December 2002, wrongful possession and use of marijuana and false swearing dated 7 December 2001, and wrongful use of marijuana dated 29 August 2000.

       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 he submitted, the analyst determined that the characterization of service is improper.  
       
       The analyst noted that the government introduced into the discharge packet the results of a biochemical test that was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan.  This is limited use information as defined in AR 600-85.  Use of this information mandates award of a fully honorable characterization of service.  
       
       Accordingly, the analyst recommends to the board that the applicant’s characterization of service be upgraded to fully honorable.  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 April 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 12 August 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 noted that the government introduced a document into the discharge process revealing that the applicant had self-referred to the Alcohol and Drug Prevention and Control Program for substance abuse.  This is limited use information as defined in AR 600-85.  Use of this information mandates award of a fully honorable discharge.  Accordingly, the Board voted to change the characterization of service to fully honorable.  However, the board found that the reason for discharge was fully supported by the record 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: 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 AR20100021753
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