Application Receipt Date: 061019	

Prior Review    Prior Review Date: NA

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: Young and poor decisions; wants his time served in Afghanistan since being discharged as his apology to the Army

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: 021121
Discharge Received:     Date: 021220   
Chapter: 14-12c    AR: 635-200
Reason: Misconduct
RE:     SPD: JKQ
Unit/Location: 21st Cargo Transfer Co, 57th Transportation BN, Ft. Lewis, WA  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 021115, drunk on duty (021014), reduction to E-1, forfeiture of $552 (suspended), 45 days extra duty (FG). 

Soldier admitted to arrest for assault (Sum Art 15).

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  800117  
Current ENL Date: 010409    Current ENL Term: 3 Years  Extension for 2 months
Current ENL Service: 1 Yrs, 8Mos, 12Days      
Total Service:  5 Yrs, 0Mos, 01Days      
Previous Discharges: ARNG 971220-010408/HD
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 88M10/Motor Transport   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM,  ASR, 
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: Served in Afghanistan with KB&R in the class III bulk fuel yard; a certificate of appreciation is enclosed.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
        Evidence of record shows that on 21 November 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct for being an ASAP rehabilitation failure and for being drunk on duty, with a general discharge.  He was advised of his rights.  The applicant did not consult with legal counsel and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general discharge.  On 27 November 2002, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.     

      b.  Legal Basis for Separation:  
      Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted

      c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant's military records, and the issue he submitted, the characterization of service is improper.  The analyst noted that the government introduced into the discharge packet the results of a command directed competence for duty (i.e., fitness for duty) biochemical test.  This is limited use information as defined in Chapter 6, AR 600-85.  Use of this information mandates award of a fully honorable characterization of service.  Accordingly, the analyst recommends that the applicant's characterization of service be upgraded to fully honorable.  However, the analyst found 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: 071213              
Location: Washington DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

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 5    No change 0   - Character
		 			      Change 0    No change 5   - Reason
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
     

Case report reviewed and verified by: Timon M. Oujiri, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to:      
Other:      
RE Code:  
Grade Restoration:   No   Yes  Grade:      

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE:      
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060014949

Applicant Name:  Mr.        
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