Application Receipt Date: 061122	

Prior Review    Prior Review Date: None

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: 031022
Discharge Received:     Date: 040223   
Chapter: 14    AR: 635-200
Reason: Misconduct-Abuse of Illegal Drugs
RE:     SPD: JKK
Unit/Location: 204th MP CO, HOME DETACHM, Fort Polk, LA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 030925, wrongful use of anabolic steroids, a Schedule III controlled substance (030826), wrongfully possessed anabolic steroids between (030701 and 030901), and violated a lawful general order, to wit CJTF-7 General Order Number 1, between (030701 and 030901), reduction to the grade of Private E2, forfeiture of $757.00 pay per month for two months (suspended), and 45 days extra duty (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  820415  
Current ENL Date: 010706    Current ENL Term: 05 Years       
Current ENL Service: 02 Yrs, 07Mos, 18Days      
Total Service:  02 Yrs, 07Mos, 18Days      
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 31B10/Military Police   GT: 89   EDU: HS Grad   Overseas: Korea, Southwest Asia   Combat: Iraq (030326-040102)
Decorations/Awards: NDSM, ASR, OSR
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 22 October 2003, 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 abuse of illegal drugs, received a Field Grade Article 15 for violation of Article 112a, wrongfully used anabolic steriods, wrongfully possessed anabolic steriods, and Article 92, disobeyed General Order #1, 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 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.  On 5 December 2003, the separation authority 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 recommends 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 analyst found that the length of the applicant's service to include his combat service, mitigated the discrediting entries in his service record.  However, the analyst determined that the reason for discharge was both proper and equitable.  

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			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 5    No change 0   - Character
		 			      Change 4    No change 1   - 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 is inequitable.  The Board does not condone the applicant's misconduct; however, determined that the length of the applicant's service to include his combat service, and the circumstances surrounding the discharge, mitigated the discrediting entry in his service record.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority.  This action does entail a change to the reentry eligibility (RE) code to "3."

Case report reviewed and verified by: Eric S. Moore, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: Secretarial Authority under the provisions of Chapter 5, AR 635-200
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: 27 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060016226

Applicant Name:  Mr.         
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