Application Receipt Date: 061121	

Prior Review    Prior Review Date: None

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

Issues: Upgrade requested for eligibility of education benefits


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: GD  Date: 050427
Discharge Received: GD    Date: 050802   
Chapter: 14-12c    AR: 635-200
Reason: Misconduct
RE: RE-3     SPD: JKQ
Unit/Location: CO C, 5th BN, 20th IN REGT, Fort Lewis, WA 98433 

Time Lost: NIF for 19 days (050715-050802).

Article 15s (Charges/Dates/Punishment): 050322, wrongfully use marijuana (050118-050217), Reduction to E1, $617 x 2, 45 days restriction, 45 days extra duty (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  850403  
Current ENL Date: 030403    Current ENL Term: 4 Years       
Current ENL Service: 2 Yrs, 03Mos, 11Days      
Total Service:  2 Yrs, 03Mos, 11Days      
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 113   EDU: GED   Overseas: Kuwait   Combat: Iraq (031115-041102)
Decorations/Awards: PH, NDSM, ICM, GWOTSM, ASR,OSR-2
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 27 April 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 using marijuana between on or about 18 January 2005 and 17 February 2005 with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant waived his right to consult 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, under honorable conditions discharge.  On 11 June 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions discharge.
      

      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; combat and award of a Purple Hart Medal mitigated the discrediting entries in his service record.  Further, eligibility for veteran's benefits (to include educational benefits under the Montgomery GI Bill) does not fall within the purview of the Army Discharge Review Board.  The applicant should contact a local office of the Department of Veterans Affairs for further assistance.  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: Records Review		Date: 19 December 2007              
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 2    No change 3   - 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 discharge was both proper and equitable and voted to deny relief.  


Case report reviewed and verified by: Chuck Busick, 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: 











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 AR20060016212

Applicant Name:  Mr. Rodney P Robbins III        
______________________________________________________________________


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