Application Receipt Date: 060329 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents. 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: NIF Discharge Received: Date: 040910 Chapter: 10 AR: 635-200 Reason: In Lieu Of Trial By Court-Martial RE: SPD: KFS Unit/Location: HHC 82nd Aviation Brigade Fort Bragg, NC 28310 Time Lost: None Article 15s (Charges/Dates/Punishment): 040824-wrongful use of cocaine, on or between (040702) and (040802), and wrongful use of methamphetamine, on or between (040702) and (040802), (Field Grade). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 800326 Current ENL Date: 000907 Current ENL Term: 4 Years ????? Current ENL Service: 04 Yrs, 00 Mos, 04 Days ????? Total Service: 04 Yrs, 00 Mos, 04 Days ????? Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: 63B1P Light Wheel Vehicle Mechanic GT: 89 EDU: HS Grad Overseas: SWA Combat: Iraq (030906-040413) Decorations/Awards: ARCOM, AGCM, NDSM, GWOTEM, GWOTSM, ASR, BGAFPB V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 2 September 2004, the applicant was charged with wrongful use of cocaine, on or between (040702) and (040802), and wrongful use of methamphetamine, on or between (040702) and (040802). On 2 September 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 chain of command recommended approval of the request for discharge in lieu of trial by court-martial with a characterization of service of under other than honorable conditions. On 10 September 2004, the separation authority approved the discharge action and directed that the applicant be discharged with an under other than honorable conditions discharge. 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 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 during the period of enlistment under review, the issue and documents he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's characterization of service. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable. The analyst noted that the applicant was initially being processed for separation under the provisions of Chapter 14, AR 635-200, paragraph 12c, commission of a serious offense, with a general, under honorable conditons discharge. However, the applicant's chain of command on (040902)preferrred charges against the applicant and reinitiated the separation action under the provisions of Chapter 10, AR 635-200 Chapter 10, in lieu of trial by court-martial for the convenience of the Government, due to the fact that the separation action under provisions of Chapter 14, AR 635-200 by reason of misconduct would have extended the applicant beyond his expiration term of sevice ( ETS) date. Furthermore, had the applicant's chain of command proceeded with the Chapter 14 separation action the applicant would have received a general, under honorable conditions discharge. Additionally, the applicant had completed his four year service obligation and completed a combat tour in Iraq. In view of the aforementioned, the analyst recommend that the applicant's characterization of service be upgraded to general, under honorable conditions. However, the analyst determined that the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 12 June 2007 Location: Atlanta, GA Did the Applicant Testify? Yes No Counsel: No Witnesses/Observers: No Exhibits Submitted: The applicant submitted one hundred and twenty two plus additional documents in support of his personal appearance hearing. 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, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the discharge is now inequitable. The Board does not condone the applicant’s misconduct; however, determined that the overall length and quality of the applicant’s service; to include his combat service, the circumstances surrounding the discharge, and his post service accomplishments, mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority. This action does not entail a change to the reentry eligibility (RE) code. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Secretarial Authority under provisions of Chapter 5, AR 635-200. Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 25 June 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060004590 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages