Application Receipt Date: 060920 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he was discharged due to extreme emotional duress and PTSD related issues. 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: 920303 Discharge Received: Date: 920316 Chapter: 10 AR: 635-200 Reason: For The Good of The Service-In Lieu of Court-Martial RE: SPD: KFS Unit/Location: 611th Ordnance Company, Miesau Army Depot, APO AE 09059 Time Lost: None Article 15s (Charges/Dates/Punishment): The unit commander's recommendation for separation indicates the applicant received Article 15s for assault, drunk driving, failure to repair, and willful disobedience of a direct order. However, they are not part of the available record. Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 671028 Current ENL Date: 880907 Current ENL Term: 4 Years ????? Current ENL Service: 3 Yrs, 6 Mos, 10 Days ????? Total Service: 5 Yrs, 0 Mos, 5 Days ????? Previous Discharges: ARNG-870315-870315/NA ADT-870316-870929/HD ARNG-870930-880906/NA Highest Grade: E4 Performance Ratings Available: Yes No MOS: 44E10 Machinist GT: 104 EDU: GED Overseas: Germany (880928-920314) Combat: None Decorations/Awards: NDSM, ASR, OSR 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 3 February 1992, the applicant was charged with wrongfully distribute, use and possess some amount of marijuana in the hashish form (911026), (911026), (911026). On 29 February 1992, 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 commanders recommended approval of an under other than honorable conditions discharge. On 10 March 1992, 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 discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. c. Response to Issues, Recommendation and Rationale: After carefully examining the applicant’s record of service during the period of enlistment under review, the analyst found several mitigating factors that would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions. The analyst does not condone the applicant’s misconduct; however, 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 length of the applicant's service and the time that has elasped since his discharge mitigated the discrediting entries in his service record. The analyst determined that the reason for discharge was both proper and equitable. This action entails a restoration of grade to SPC/E4. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 21 March 2007 Location: Washington, DC 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 of service was too harsh and as a result, it is now 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 grade to SPC/E4. Case report reviewed and verified by: Mr. Ron Williams, 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: SPC/E4 XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 23 March 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060013346 Applicant Name: Mr. ______________________________________________________________________ Page 2 of 6 pages