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: 971230
Discharge Received:     Date: 980206   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKK
Unit/Location: 327th IN BN 3 CO A (AASLT), Fort Campbell, KY  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 971024, on divers occasions possess and used marijuana (970810 - 970910), reduction to the grade of E-1, forfeiture of $450.00 pay per month for two months (two months suspended), 45 days restriction, and 45 days extra duty (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  680412  
Current ENL Date: 970527    Current ENL Term: 04 Years       
Current ENL Service: 00 Yrs, 08Mos, 10Days      
Total Service:  06 Yrs, 00Mos, 15Days      
Previous Discharges: RA-920122-950523/HD
                                      RA-950524-970526/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 104   EDU: HS Grad   Overseas: Alaska   Combat: None
Decorations/Awards: AGCM, 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 30 December 1997, 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 for being counseled and receiving a Field Grade Article 15 for using and possessing marijuana, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant's election of rights are not contained in the available record, and the analyst presumes Government Regularity in the discharge process.  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 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, documents, 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.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of "4."  An RE code of "4" can not be waived and the applicant is no longer eligible for reenlistment.  In view of the foregoing, 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: 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 4    No change 1   - 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 characterization of service is too harsh, and as a result it is now inequitable.  The Board determined that the overall length and quality of the applicant's service and the time that has elapsed since his discharge, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  However, the Board determined that the reason for discharge was proper and equitable and voted not to change it.  

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

Case Number AR20060016227

Applicant Name:  Mr.         
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