Applicant Name: ????? Application Receipt Date: 080502 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 submitted by the Applicant. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 070425 Discharge Received: Date: 070511 Chapter: 14-12c(2) AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: HHC, 120th AG BN, Ft. Jackson, SC Time Lost: None Article 15s (Charges/Dates/Punishment): 070208, Failure to go (x 2) at the time prescribed to his appointed place of duty on 9 & 11 January 2007, Failure to obey an NCO on or about 5 January 2007, Made a false statement with the intent to deceive on 5 January 2007 and, Unlawfully struck another Soldier on or about 5 January 2007; Reduction to E3, forfeiture of $864.00 pay per month for two months of which $864.00 pay for one month suspended and automatically remitted if not vacated before 8 April 2007 and, extra duty for 14 days (FG). 070329, Vacation of suspension for unlawfully striking another Soldier on or about 25 March 2007; Forfeiture of $864.00 pay per month for one month (FG). 070404, Wrongfully used marijuana between on or about 24 February 2007 and on or about 26 March 2007; Reduction to E1, forfeiture of $601.00 pay per month for one month, extra duty for 7 days (FG). 060622, Failure to obey an NCO on or about 1 June 2006; Reduction to E3,(suspended), forfeiture of $394.00 (CG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 17 years, 11 months and 15 days Current ENL Date: 030707 Current ENL Term: 4 Years ????? Current ENL Service: 03 Yrs, 10 Mos, 10 Days ????? Total Service: 03 Yrs, 10 Mos, 10 Days ????? Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: 42F Info Sys Mgt Spec GT: 110 EDU: HS Grad Overseas: Republic of Korea Combat: None Decorations/Awards: NDSM, GWOTSM, KDSM, NCOPDR, ASR, OSR V. Post-Discharge Activity City, State: Dade City, FL Post Service Accomplishments: None listed by the Applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 25 April 2007, the unit commander notified the Applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—for wrongfully using marijuana on or about 24 February 2007 to on or about 26 March 2007, willfully disobeying an NCO on or about 1 June 2006, failure to go at the time prescribed to his appointed place of duty on 9 & 11 January 2007 and, willfully disobeying an NCO, making a false official statement and assaulting another Soldier on or about 5 January 2007, with a general under honorable conditions discharge. The Applicant was advised of his rights, consulted with legal counsel, was advised of the impact of the discharge action, 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 under honorable conditions discharge. On 7 May 2007, 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. It states that an honorable discharge is a separation with honor, and is appropriate when the quality of the Soldier’s service is so meritorious that any other characterization would be inappropriate. Chapter 14 of this regulation 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, however, a general under honorable conditions or an honorable discharge may be granted. c. Response to Issues, Recommendation and Rationale: After a careful review of the Applicant’s military records, and the issue submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the Applicant's discharge. The Applicant’s discharge was appropriate because the quality of the former Soldier’s service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By the misconduct, the Applicant diminished the quality of service below that meriting a fully honorable discharge. The Applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the Applicant’s service mitigated the misconduct or poor duty performance. Furthermore, the U.S. Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an Applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable. Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 20 February 2009 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. 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 to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080007205 ______________________________________________________________________________ Page 1 of 3 pages