Application Receipt Date: 070208	

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached DD Form 293 and letter of support.

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   070910

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 010201
Discharge Received:     Date: 010402   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKK
Unit/Location: A Company, 4th Battalion, 31st Infantry, Fort Drum, NY 13602-5240 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 001207/Driving while drunk on or about (001014), Disobeying a lawful command from a noncommissioned officer (SGT) on or about (001101), and drunk while on duty (001101)/(Field Grade)

010116/Vacation of Suspension for Article 15 received on (001207), (Forfeiture of $402.00 pay per month for two months), applicant wrongfully used marijuana on or about (000103).

2nd Article 15/010223/Wrongful use of marijuana between on or about (001112) and (001211), disobeying a lawful command from a officer (CW4) on or about (010102),and breaking restriction on or about (010103)/(Field Grade)



021127/Memorandum of Reprimand-for driving a vehicle while under the influence of alcohol and speeding.  Upon apprehension, applicant failed a field sobriety test with a blood alcohol content of .14 percent on (001014)/ (Administrative)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  
Current ENL Date: 000509    Current ENL Term: 06 Years  ?????
Current ENL Service: 00 Yrs, 10Mos, 24Days (Applicant's DD Form 214 Item 12a "Date Entered AD This Period" incorrectly shows date as: year 98, month 01, day 08, should read year 98, month 04, day 15, information is based on applicant's enlistment contract dated (980415)).
Total Service:  04 Yrs, 02Mos, 04Days ?????
Previous Discharges: ARNG-970129-970312/NA
                                      ADT-970313-970619/HD
                                      ARNG-970620-980414/HD
                                      RA-980415-000508/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 11B10 (Infantryman)   GT: NIF   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: ASR, 
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 1 February 2001, 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 (disobeying a lawful command from a (SGT), driving while drunk on or about 14 October 2000, drunk while on duty 1 November 2000, wrongful use of marijuana between on or about 12 November 2000 and 11 December 2000, and driving while driving privileges were revoked), with a 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, waived consideration of his case by an administrative separation board 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's reviewed the proposed discharge action and recommended approval of the separation action with a under other than honorable conditions discharge.  On 26 March 2001, 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 applicant has a Military Police Report dated (001014) and a Alcoholic Influence Report dated (001014), in his Official Military Personnel File.
      
      The applicant was issued a Bar to Reenlistment Certificate on 9 November 2000 for DUI on 15 October 2000, drunk on duty 1 October 2000, ADAPCP Failure, and disobeying a no drinking order by his Company Commander.

      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 characterization of service is improper.  The analyst noted that the government introduced into the discharge packet the results of a biochemical test that was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan.  This is limited use information as defined in Chapter 6, AR 600-85.  Use of this information mandates award of a fully honorable characterization of service.  Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst found 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: 			Date: 10 September 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 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 was and is improper.  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 both proper and equitable, and voted not to change it.

Case report reviewed and verified by: , 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: 20 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE