Application Receipt Date: 061121	

Prior Review    Prior Review Date: None

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

Issues: Applicant states he wants an upgrade for self pride and 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:    Date: 050808
Discharge Received:     Date: 050930   
Chapter: 14      AR: 635-200
Reason: Misconduct, Commission of a serious offense
RE:     SPD: JKQ
Unit/Location: C Co, 3d BN, 69th Armor RGT, 1st BCT, 3d IN Div, TF Liberty, FOB Brassfield-Mora, Iraq 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050505/ Wrongful use of cocaine (041114-041117), reduction to E1, forfeiture of $780.00 x 2 months (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  820116  
Current ENL Date: 020214    Current ENL Term:   3   Years  The DD214 block 12.a  erroneously lists the Date Entered Active Duty this period as 040504.  The correct entry is 020214 as reflected in the applicant's Enlistment contract.  The applicant did complete his initial enlistment requirements of 3 years and was affected by an authorized retention for 229 days as essential to national security.    
Current ENL Service:   03 Yrs,   07 Mos,   17Days      
Total Service:    03 Yrs,   07 Mos,   17Days      
Previous Discharges: None.  
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 19K10 M1 Armor Crewman   GT: 102   EDU: HS Grad   Overseas: None        Combat: Kuwait /Iraq (030123-030826, 050104-050923)
Decorations/Awards: ASR // NDSM // GWOTSM // GWOTEM // ARCOM w/ V Dev//  ICM//
V.  Post-Discharge Activity
Home of Record:
Current Address: 
Post Service Accomplishments: Applicant states he is employed making over $40,000 and a member of the local American Legion/ Local Eagles.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 7 August 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 cocaine (041114-041117), 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, and submitted 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 7 August 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.

      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 no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance.  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.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. 
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 18 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   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: Edgar Yanger, 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: 20 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060016213

Applicant Name:  Mr.       
______________________________________________________________________


Page 1 of 5 pages