Application Receipt Date: 060213 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293, the applicant stated in essence that she has maintained an excellent record since leaving the military. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 050324 Discharge Received: Date: 050426 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court Martial RE: SPD: KFS Unit/Location: Headquarters and Headquarters Company, 50th Signal Battalion, 35th Signal Brigade, Fort Bragg, North Carolina 28310-5000 Time Lost: AWOL for 42 days (040924-041104)/Apprehended by authorities in the State of Mississippi, AWOL for 13 days (050224-050307)/Surrendered voluntarily to military authorities, AWOL for 15 days (050309-050322)/Surrendered voluntarily to military authorities, AWOL for 22 days (050324-050414)/Surrendered voluntarily to military authorities. Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 810905 Current ENL Date: 040106 Current ENL Term: 4 Years ????? Current ENL Service: 1 Yrs, 0 Mos, 20 Days ????? Total Service: 1 Yrs, 0 Mos, 20 Days ????? Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: 25Q10, Multi Channel Trans System Operator GT: 112 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, GWOTSM, ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None were Submitted. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 23 March 2005, the applicant was charged with three specifications of AWOL (050309-050323, 050224-050308, 040924-041103); four specifications of wrongful use of cocaine, between on or about (050213 and 050216, 050104 and 050107, 041102 and 041105, and 040920 and 040923); three specifications of wrongfull use of marijuana between on or about (050115 and 050216, 041106 and 041129, and 041006 and 041104). On 24 March 2005, 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 she understood that she 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 her own behalf. The unit commander, and intermediate commanders, recommended approval of an under other than honorable conditions discharge. On 13 april 2005, 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. CID Investigation report - 041217. 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 at any time after the charges are preferred, submit a request for discharge for the good of the service in lieu of trial by court martial. 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 independent evidence she submitted, the analyst recommends to the Board that the applicant’s request for an upgrade of her characterization of service be denied. The applicant’s contention is noted; however, said contention is not sufficiently mitigating to warrant an upgrade of the discharge under review. The evidence of record shows the applicant was charged with the commission of offenses 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. 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 reason for discharge and the characterization of service were both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 13 December 2006 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change No change (Character) Change No change (Reason) (Board member names available upon request) IX. 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 not to change it. Case report reviewed and verified by: Mr. John Zangas, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: None RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 15 December 2006 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060002256 Applicant Name: Ms. ______________________________________________________________________ Page 5 of 5 pages