Applicant Name: ????? Application Receipt Date: 2010/08/20 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that his discharge should be upgraded because he does not feel he really had a chance to prove himself while on active duty Army. He is an OIF Veteran and really wants to rejoin the military and feels he can't with the type of discharge he has. 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: 070829 Discharge Received: Date: 070918 Chapter: 14-12c AR: 635-200 Reason: Misconduct (Serious Offense) RE: SPD: JKQ Unit/Location: Home Detachment, 1st Battalion, 30th Infantry, 2nd Brigade, 3rd Infantry Division (Rear) (Provisional), Fort Stewart, GA Time Lost: AWOL x 1 from (070622-070904) for 75 days. The applicant surrendered to the military authorities at Fort Stewart, GA. Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): 070615, wrongfully used marijuana between (070501-070504), wrongfully possessed less than 1 gram of marijuana (070504), wrongully possessed some amount of marijuana less than 1 gram (070531). The applicant was sentenced to forfeiture of $867.00 pay and hard labor without confinement for forty five (45) days. Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 22 Current ENL Date: 060928 Current ENL Term: 3 Years 2 weeks/The applicant required a moral waiver at the time of enlistment, which was approved on (060923) Current ENL Service: 0 Yrs, 9 Mos, 8 Days The net active service this period on the DD Form 214, block 12c is incorrect; should be as annotated above. The applicant had a period of AWOL, which was not shown on the DD Form 214 block 29, Time Lost. See the DA Form 4187 and the DD Form 616. Total Service: 3 Yrs, 6 Mos, 28 Days ????? Previous Discharges: USAR 031208-040929/NA ADT 040930-051206/HD USAR 051207-060927/GD Highest Grade: E-2 Performance Ratings Available: Yes No MOS: 88M10 Motor Transport Oper GT: 107 EDU: GED Cert Overseas: Southwest Asia Combat: Iraq (041122-051110) Decorations/Awards: AAM, NDSM, GWOTSM, GWOTEM, ASR, AFRMDLw/M Device V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None submitted by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 29 August 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that he wrongfully used, possessed some amount of marijuana on (070504), and wrongfully possessed less than 1 gram of marijuana on (070531), with an under other than honorable conditions discharge. He was advised of his rights. On 29 August 2007, the applicant waived legal counsel, waived consideration of his case by an administrative separation board, 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. On 6 September 2007, the intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 6 September 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. 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 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 all the applicant’s military records, and the issue submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge. The analyst determined that the applicant’s discharge was appropriate because the quality of his 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 his 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. The analyst noted the applicant's issue that he is an OIF Veteran and really wants to rejoin the military and feels he can't with the type of discharge he has. At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.” If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes. 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: 29 April 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 1 August 2010. 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 Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20100021909 ______________________________________________________________________________ Page 1 of 3 pages