Application Receipt Date: 20061107	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached documents submitted by the applicant.

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: 041124
Discharge Received:     Date: 050120   
Chapter: 14-12b    AR: 635-200
Reason: Misconduct
RE:     SPD: JKK
Unit/Location: B Co, 32nd Signal Bn, APO AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040728, wrongful possessed and used marijuana (040514), reduction to E-1, $597 X 2, 45 days extra duty and restriction (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  830206  
Current ENL Date: 030312    Current ENL Term: 4 Years       
Current ENL Service: 01 Yrs, 10Mos, 09Days      
Total Service:  01 Yrs, 10Mos, 09Days      
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes    No 
MOS: 25Q10 Multi Chann / Transm /Sys Op   GT: 94   EDU: HS Grad   Overseas: Afghanistan / Iraq   Combat: Afghanistan / Iraq (030103-030311)
Decorations/Awards: NDSM, ASR, GWOTEM, GWOTSM
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  24 November 2004, 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 wrongful use of marijuana X 4, (040616-040625), (040901-040914), (040920-041003), (041005-041017), wrongful use of methylenedioxymethanphetamine X 2, (040622-040706), (040920-041003), and on 28 July 2004 for receiving a field grade article 15 for wrongful possession and use of marijuana (040504), with a other than honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, and did submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with a other than honorable conditions discharge.  On 10 January 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honor conditions.
      
      The record contains a CID report dated 040616.

      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 during the period of enlistment under review, the issue and documents he submitted, the analyst determined that the characterization of service is improper.  The analyst noted that the government introduced into the discharge process the results of a biochemical test that was part of the applicant's Army Substance Abuse Program (ASAP) treatment plan.  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
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 is now too harsh based on limited use, the government introduced the results of a biochemical test that was part of the applicant's Army Substance Abuse Program treatment plan, 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: Earl Silver, 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: 071215
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060015811

Applicant Name:         
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