Application Receipt Date: 060317 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293. The applicant states in essence that he would like to qualify for benefits later on in life; that he has not touched drugs since his mistake; that he had no problem before his military career. He states further that he has had no problems as a contractor in Iraq and Germany. 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: 970227 Discharge Received: Date: 970314 Chapter: 10 AR: 635-200 Reason: Discharge in Lieu of Court-Martial RE: SPD: KFS Unit/Location: 71st Ordnance Company, 18th Coprs Support Battalion, 16th Corps Support Group, V Corps APO AE 09165 Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 650630 Current ENL Date: OAD/960610 Current ENL Term: 5 Years ????? Current ENL Service: 0 Yrs, 9 Mos, 5 Days ????? Total Service: 14 Yrs, 7 Mos, 22 Days ????? Previous Discharges: USAR-820723-830705/NA RA-830706-860508/HD USAR-860509-900913/HD RA-900914-951113/HD ARNG-951114-960609/NA Highest Grade: E-5 Performance Ratings Available: Yes No MOS: 92Y20, Unit Supply Specialist GT: 113 EDU: HS Grad Overseas: Germany, Bosnia-Herzegovina Combat: None Decorations/Awards: ARCOM, AAM (1st OLC), GCM (2), NDSM, NCOPDR, ASR, OSR (w/ Num 4), ASUA, AFRM w/ M Device 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 applicant’s record is void of the DD Form 458 charge sheet indicating the specific charges concerning the events that led to his discharge from the Army, and the analyst is presuming government regularity in the discharge process. However, on 21 February 1997, 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 for discharge, the applicant admitted guilt to the offences of Article 86 (AWOL), Article 112a (wrongful use or possession of controlled substances, Article 92 (failure to obey order or regulation), Article 90 (willfully disobeying a superior commissioned officer), Article 107 (false official statements), 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 and intermediate commanders recommended approval of an under other than honorable conditions discharge. On 14 March 1997, 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 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 issue he submitted, the analyst found several mitigating factors that would merit partial relief in the form of an upgrade of the characterization of service to general under honorable conditions. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is now inequitable. The analyst found that the overall length and quality of the applicant's service, and the time that has elasped since his discharge, mitigated the discrediting entries in his service record. However, the reason for discharge remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 7 February 2007 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 characterization was too harsh and as a result it is inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined that the reason for discharge was both proper and equitable and voted not to change it. This action entails a restoration of rank/grade to SGT/E-5. 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: SGT/E-5 XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 9 February 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060003869 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages