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AF | DRB | CY2006 | AR20060015828
Original file (AR20060015828.txt) Auto-classification: Denied
Application Receipt Date: 061109	

Prior Review    Prior Review Date:      

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

Issues: See enclosed DD Form 293 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: 040301
Discharge Received:     Date: 040503   
Chapter: 14-12C(2)    AR: 635-200
Reason: Misconduct - Abuse of Illegal Drugs
RE:     SPD: JKK
Unit/Location: L Troop 3rd Squadron, 2nd Armored Cavalry Regiment Fort Polk, LA 

Time Lost: 030512-030512 (listed on the applicant's DD Form 214; however, no information is in the available record).

Article 15s (Charges/Dates/Punishment): 040107, wrongful use of marijuana (031013-031113); reduction to E-1, $575 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:  800430  
Current ENL Date: 011003    Current ENL Term: 03 Years       
Current ENL Service: 02 Yrs, 07Mos, 00Days      
Total Service:  02 Yrs, 07Mos, 00Days      
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes    No 
MOS: 55B10/Ammunition Specialist   GT: 91   EDU: 13 yrs   Overseas: Korea   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR, OSR
V.  Post-Discharge Activity
Home of Record:
Current Address: 
Post Service Accomplishments: Working two jobs.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 1 March 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, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel and was advised of the impact of the discharge action.  He submitted a statement in his own behalf; however, this document is not contained in the available record.  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 11 March 2004, 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.  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 issue he submitted, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to fully honorable.  This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct.  While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is now inequitable.  The analyst determined that the overall length of the applicant's service mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends to the Board that the applicant's characterization be upgraded to fully honorable.  This action entails a restoration of grade to PFC/E-3.  However, the reason for discharge and the characterization of service remains both proper and equitable. 

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date:                    
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          No change         - Character
		 			      Change          No change         - Reason
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
     

Case report reviewed and verified by: Timon M. Oujiri, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to:      
Other:      
RE Code:  
Grade Restoration:   No   Yes  Grade:      

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


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

Case Number AR20060015828

Applicant Name:  Mr.        
______________________________________________________________________


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