Application Receipt Date: 070223	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached document.

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: 060425
Discharge Received:     Date: 060531   
Chapter: 14    AR: 635-200
Reason: Misconduct, (Serious Offense)
RE:     SPD: JKQ
Unit/Location: HHC 1st Battalion, 508th Infantry Battalion (Rear), APO AE 09630 

Time Lost: Confinement Military Authority-25 days, from (060427-060521), as a result of his summary court-martial.

Article 15s (Charges/Dates/Punishment): 060315-Found drunk on duty as a Soldier, (060326), (Field Grade).

060111-With intent to deceive, made a false official statement, x 2, (051225), (Company Grade).

040909-Disrespectful in deportment toward a SGT, (040820), and violated a lawful general order, by wrongfully having a blood alcohol level of .150 while on duty, (040820), (Company Grade).

Court-Martials (Charges/Dates/Punishment): Summary Court-Martial/060427-wrongfully used cocaine x 2, between on or about (060207) and about (060307); and  between on or about (060307) and about (060313), and violated a lawful general order, by wrongfully having a blood alcohol level of .147 while on duty, (060330).  The applicant was sentenced to 30 days confinement.  

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  
Current ENL Date: 040113    Current ENL Term: 3 Years  ?????
Current ENL Service: 02  Yrs, 03 Mos, 23 Days ?????
Total Service:  02  Yrs, 03 Mos, 23 Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 102   EDU: HS Grad    Overseas: Italy   Combat: Afghanistan (dates not in file)
Decorations/Awards: ACM
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 25 April 2006, 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 ( found drunk on duty as a Soldier, 9 March 2006; with intent to deceive, made a false official statement, x 2, 12 December 2005 and 12 December 2005; disrespectful in deportment toward a SGT, 20 August 2004; violated a lawful general order, by wrongfully having a blood alcohol level of .150 while on duty, 20 August 2004; wrongfully used cocaine x 2, between on or about 7 February 2006 and about 7 March 2006; and  between on or about 7 March 2006 and about 13 March 2006; and violated a lawful general order, by wrongfully having a blood alcohol level of .147 while on duty, 30 March 2006), 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, voluntarily 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 and senior commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 23 May 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of an under other than 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, the issue and documents 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, the record does not support the applicant’s contention that he suffers from Severe Battle Stress Fatigue symptons and no evidence to support it has been submitted by the applicant, and that his discharge was the result of any medical condition.  Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable.
      
VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 	Date: 1 October 2007 Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Yes [reacted]

Witnesses/Observers: Yes [counsel assistant –redacted]

Exhibits Submitted: No

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, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board does not condone the applicant’s misconduct; however, determined that the characterization of service was too harsh, and as a result it is inequitable.  The Board found that the length of the applicant’s service; to include his combat service, and the circumstances surrounding his discharge mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  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: None
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 

CHRISTINE U. MARTINSON			DATE: 11 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE