Application Receipt Date: 061108	

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: 050928
Discharge Received:     Date: 060224   
Chapter: 14-12c    AR: 635-200
Reason: Misconduct 
RE:     SPD: JKQ
Unit/Location: 594th Trans Co, 106th Trans Bn Fort Campbell KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050816 wrongful use of marijuana (050503-050603), reduction to E-4, $978 X 2 (suspended), 45 days restriction, 45 days extra duty, and oral reprimand (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  640829  
Current ENL Date: 011119    Current ENL Term: 5 Years       
Current ENL Service: 04 Yrs, 03Mos, 05Days      
Total Service:  11 Yrs, 01Mos, 15Days      
Previous Discharges: RA 950110-980112/HD
                                      RA 980113-011118/HD


Highest Grade: E-5
Performance Ratings Available: Yes    No 
MOS: 88M10 Motor Transport Op   GT: 123   EDU: HS Grad   Overseas: Korea, Germany, Iraq   Combat: Iraq (040621-050601)
Decorations/Awards: AAM-5, GCM-4, NDSM-2, GWOTEM, GWOTEM, KDSM, NCOPD, OSR-2, MFOM, ICM, MFOM
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 28 September 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct commission of a serious offense for wrongful use of marijuana (050503-050602), with an honorable discharge.  He was advised of his rights.  The applicant consulted with legal counsel, advised of the impact of the discharge action, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge, 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 10 February 2006, the separation authority approved the conditional waiver, 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 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 mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends that the applicant's characterization of service be upgraded to fully honorable.  However, the analyst determined 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 4    No change 1   - 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 overall length and quality of service to include combat 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 AR20060015817

Applicant Name:  Mr.      
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