Application Receipt Date: 070821	

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 supporting documents.

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: 070514
Discharge Received:     Date: 070627   
Chapter: 14    AR: 635-200
Reason: Misconduct (Serious Offense)
RE:     SPD: JKQ
Unit/Location: 494th Transportation Company, 129th Combat Sustainment Support Battalion, 101st Sustainment Brigade, 101st Airborne Division (Air Assault), Fort Campbell, KY 

Time Lost: 182 days of total lost time: Absent without leave for a total of 98 days (060224-060604).  Applicant returned to unit of assignment.  Confinement for a total of 84 days (070216-070510) by military authority, as a result of his Special Court-Martial on (070216). 

Article 15s (Charges/Dates/Punishment): None

Court-Martials (Charges/Dates/Punishment): Special Court-Martial/070216/Absent without leave (060224) to (060605), wrongful use of methamphetamine between on or about (060115) and (060117), wrongful use of cocaine X 2, between on or about (060114) and (060117) and (060623) and (060626).  He was sentenced to confinement for 5 months and forfeiture of $1000.00 pay per month for five months.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:   
Current ENL Date: 040608    Current ENL Term: 04 Years  17 Weeks
Current ENL Service: 02 Yrs, 06Mos, 14Days (Includes 21 days of excess leave 070607-070627)
Total Service:  02 Yrs, 06Mos, 14Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 88M10 (Motor Transport Operator)   GT: 109   EDU: HS Grad   Overseas: Southwest   Combat: Iraq (041209-051208) (Information taken from ARCOM received while in Iraq).
Decorations/Awards: ARCOM, AAM, NDSM, ASR, Driver and Mechanic Badge, Certificate of Achievement
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 14 May 2007, 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 guilty by Special Court-Martial of being absent without leave and wrongful use and possession of controlled substances), 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, 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.  On 15 June 2007, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
      
      DD Form 2807-1 (Report of Medical History) dated 25 June 2006, submitted by the applicant shows that he was having problems with insomnia since returning from Iraq and that he received counseling at Behavioral Health.
      
      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, the issues, 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 Post Traumatic Stress symptoms and no evidence to support it has been submitted by the applicant, that his discharge was the result of any medical condition.  Therefore, the reason for discharge and the characterization of service remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing:  Date: 20 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 0    No change 5   - 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 discharge was both proper and equitable, and voted to deny relief.


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