Application Receipt Date: 061207	

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: 011203
Discharge Received:     Date: 050627   
Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial (See analyst remarks)
RE:     SPD: KFS
Unit/Location: HHS, 1/12th FA, Fort Sill, OK 

Time Lost: Confinement civil authorities 135 days (050116-050530), Confinement military authorities received from SCM, 23 days (050531-050622).  Total time lost 158.  The applicant's DD Form 214 does not account for the applicant's 10 days of AWOL time (050128-050208).

Article 15s (Charges/Dates/Punishment): 030124, wrongfully using marijuana between (021102 and 021216), reduction to E1, forfeiture of $575.00 pay per month for 2 months, extra duty and restriction for 45 days (FG).

040830, wrongfully using marijuana between (040704 and 040803), reduction to E1, forfeiture of $596.00 pay per month for 2 months, extra duty and restriction for 45 days (FG).

041013, failure to report X 4 (040607, 040803, 040929, and 041004), wrongfully using marijuana between (021102 and 021216), forfeiture of $278.00 pay per month for 1 month, extra duty and restriction for 14 days (CG).

Court-Martials (Charges/Dates/Punishment): 050530,SCM, AWOL (050128-050208), failure to report X 2 (050407 and 050408), making a false official statement (050208), wrongful use of marijuana between (050224 and 050325), and breaking restriction on (050116).  Forfieiture of $823.00 pay per month for 1 month, and confinement for 30 days.

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  820118  
Current ENL Date: 020502    Current ENL Term: 03 Years       
Current ENL Service: 02 Yrs, 08Mos, 18Days      
Total Service:  02 Yrs, 08Mos, 18Days      
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 13S10/Field Artillery Surveyor   GT: 103   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR, GWOTSM
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 3 May 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-pattern of misconduct and commission of a serious offense for receiving a Field Grade Article 15 on (030204) and (040907) for wrongfully using marijuana; Battery Grade Article 15 on (041015) for multiple charges of failure to report; Field Grade Article 15 on (041216) for wrongfully using marijuana; and being charged and found guilty of disorderly conduct by the Lawton Police Department, with an under other than honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived consideration of his case by an administrative separation board per his offer to plead guilty (hereinafter "OTPG), dated 27 April 2005, 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 commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 1 June 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.
      
      The DD Form 214 (Certificate of Release or Discharge from Active Duty) found in the applicant records show in item 25 "Separation Authority " AR 635-200 Chapter 10 and in item 28 "Narrative Reason for Separation" In Lieu of Trial by Court-Martial.
      
      The applicant has a Military Police Report dated 20 January 2005, in his Official Military Personnel File.

      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 or general, under honorable conditions 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.  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. 
      
      Furthermore, records show that the applicant's discharge was approved under the provisions of Chapter 14, AR 635-200, by reason of misconduct-commission of a serious offense.  Therefore the analyst recommends that a administrative correction be make to the applicant's DD Form 214 to show in item 25 "Separation Authority" AR 635-200 Chapter 14, and in item 28 "Narrative Reason for Separation" Commission of a Serious Offense.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 	Date: 9 January 2008     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          No change         - Character
		 			  Change          No change         - Reason
				      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
     

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:      
Other:      
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: 10 January 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060016793

Applicant Name:  Mr. Anthony Prescott         
______________________________________________________________________

Page 1 of 5 pages