Application Receipt Date: 2006/10/31	

Prior Review    Prior Review Date: None

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

Issues: See attached DD Form 293.

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: 92/04/02
Discharge Received:     Date: 92/04/23   
Chapter: 14 Para 14-12c    AR: 635-200
Reason: Misconduct - Abuse of Illegal Drugs
RE:     SPD: JKK
Unit/Location: 13th Engineer Battalion 1st Brigade, 7th Infantry Division (Light) Fort Ord, California 93941 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 910905, at or near Fort Ord, CA, between on or about 10 May 91 to on or about 10 June 91, wrongfully use marijuana.  Reduction to E-2; Forfeiture of $422.00 for two months, (suspended); extra duty 30 days.  (FG).   

920116, on or near unknown location, between on or about 2 Nov 91 and 2 Dec 91, did wrongfully use marijuana.  Reduction to E-1; Forfeiture of $392.00 a month for two months,(suspended), extra duty 45 days.  (FG).  

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

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  
Current ENL Date: 91/06/04    Current ENL Term: 3 Years       
Current ENL Service: 00 Yrs, 10Mos, 19Days      
Total Service:  03 Yrs, 03Mos, 03Days      
Previous Discharges: RA, 890118-910603 HD
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 76C10 Equipment Records and Parts Specialist   GT: 94   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR, NDSM, 
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:
      Evidence of record shows that on  2 April 1992,  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 receiving two Field Grade article 15s for wrongful use of marijuana, with a general, under honorable conditions discharge.  He  was advised of his rights.  The applicant 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 discharge.  On 8 April 1992, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
      
      The file contains an approved Bar of Reenlistment dated 16 March 1992.

      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 independent evidence he submitted, the analyst recommends to the Board that the applicant's characterization of service be upgraded to fully honorable.  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.  While the applicant's misconduct is not condoned, the overall length and quality of the applicant's service; the time that has elapsed since his discharge and his post service accomplishments mitigated the discrediting entries in his service record.   Furthermore, the analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  The analyst determine that the reason for discharge was both proper and equitable.
      
VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 071130              
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 3    No change 2   - Character
		 			      Change 0    No change 5   - 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 based on the applicant's overall length of service and time elapsed and as a result it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  The Board determined that the reason for discharge was proper and equitable and voted not to change it.  

Case report reviewed and verified by: , Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: NA
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: 


CHRISTINE U. MARTINSON			DATE: 071202
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE