Application Receipt Date: 061114	

Prior Review    Prior Review Date: None

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

Issues: The applicant states that his discharge was inequitable because it was based on one isolated incident in one year of service.  He would like to rejoin the Army; he states that he needs his re-entry code changed from RE-3 to RE-1.  He will change and do his best to complete his military career.

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: 050224
Discharge Received:     Date: 050318   
Chapter: 14-12c    AR: 635-200
Reason: Misconduct
RE:     SPD: JKQ
Unit/Location: 40th Transportation Company, Fort Lewis, WA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 041204, wrongful use of marijuana (040915-041014), reduction to E-1, $597 x 2, 45 days of extra duty and restriction (FG)

Court-Martials (Charges/Dates/Punishment): 050126, SCM, failure to report (050107), theft of property from another soldier value of $390 (041219), stealing an ATM card from another soldier, value of under $500 (050122).  Forfeiture of two thirds of one month's pay, confinement for 30 days.

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  830108  
Current ENL Date: 040304    Current ENL Term: 3 Years       
Current ENL Service: 01 Yrs, 00Mos, 15Days      
Total Service:  01 Yrs, 00Mos, 15Days      
Previous Discharges: None
Highest Grade: E-2
Performance Ratings Available: Yes    No 
MOS: 63B10/Light Vehicle Mechanic   GT: 90   EDU: 1 YR COLL   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR
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:
      The evidence of record shows that on 24 February 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-for wrongful use of marijuana (040915-041014), 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, 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 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.  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 during the period of enlistment under review and the issue 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.  The test basis for the urinalysis is coded as RO-Rehabilitation, collected on 14 October 2004.  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: 19 December 2007              
Location: Washington, D.C.

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 noted that the government introduced a document into the discharge process revealing that the applicant had self-referred to the Alcohol and Drug Prevention and Control Program for substance abuse.  This is limited use information as defined in Chapter 6, AR 600-85.  Use of this information mandates award of a fully honorable discharge.  Accordingly, the Board voted to change the characterization of service to fully honorable.  However, the board found that the reason for discharge was fully supported by the record and voted not to change it.

Case report reviewed and verified by: Alejandro Champin, 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: NA

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON			DATE: 21 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060016046

Applicant Name:  Mr.         
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