RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2007
      DOCKET NUMBER:  AR20070003179


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. William Blakely               |     |Member               |
|     |Mr. Donald L. Lewy                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his discharge under other than honorable
conditions (UOTHC) be upgraded to a general discharge under honorable
conditions.

2.  The applicant states that both society and he will benefit
significantly with an upgrade in his discharge.  He often reflects on how
he has turned into a better person after his discharge.  Not only does he
enjoy doing well academically, but he also enjoys helping out people in his
community.  He has been accepted to many of the most highly-selective
universities in the nation, and this discharge is no longer just about him
but also about his community.  He will continue to be a model citizen, he
will continue to excel academically, and he will continue to do great
things in his community,

3.  The applicant adds, in a second application, that during his enlistment
he was charged with reckless driving.  That played a part in his discharge.
 Recently, this record has been expunged.  He also went absent without
leave (AWOL) for about 3 days, which was a mistake.  He can only take
responsibility for it and move on.

4.  The applicant provides a self-authored statement, dated 24 February
2007; college transcripts; a 3-page transfer equivalency worksheet; three
President’s List Awards certificates; a President’s Volunteer Service Award
certificate; a    Phi Theta Kappa International Honor Society certificate;
two letters, dated         11 September 2006 and 16 January 2007, of
recommendation; three Associate Degree diplomas; a Defense Finance and
Accounting Service (DFAS) Form   705 (Certificate for Income Tax
Adjustment); and an Order of Expunction.

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 21 November 1984.  He enlisted in the Regular
Army on 21 June 2004.  He completed basic training and advanced individual
training and was awarded military occupational specialty 13M (Multiple
Launch Rocket System Crewmember).

2.  On 31 December 2004, the applicant was arrested by civil authorities
for reckless driving and possession of a controlled substance.

3.  On 21 March 2005, the applicant was convicted, in accordance with his
pleas, by a summary court-martial of being AWOL from 29 January through 1
February 2005, of two specifications of wrongfully distributing 15 pills of
Xanax (on 21 and 22 December 2004), and of wrongfully possessing two vials
of anabolic steroids (on 15 December 2004).  He was sentenced to 29 days
confinement, to a reduction to private, E-1, and to a forfeiture of $823.00
pay per month for one month.

4.  On an unknown date, the unit commander notified the applicant of
initiation   of separation action under the provisions of Army Regulation
635-200, chapter 14 by reason of misconduct.  On 30 March 2005, the
applicant acknowledged that he was advised by his consulting counsel of the
basis for the contemplated separation action.  He acknowledged that he was
being considered for separation under other than honorable conditions, and
he voluntarily and unconditionally waived consideration of his case by an
administrative separation board.

5.  On 4 May 2005, the unit commander again notified the applicant of
initiation  of separation action under the provisions of Army Regulation
635-200, chapter 14 by reason of misconduct; specifically, due to the
applicant’s AWOL, two specifications of wrongfully distributing Xanax, and
one specification of wrongfully possessing anabolic steroids and that the
commander was recommending he receive a discharge UOTHC.

6.  On 12 May 2005, the separation authority approved the applicant’s offer
to waive his right to appear before an administrative separation board and
directed that the applicant be discharged with a characterization of
service of UOTHC.

7.  On 25 May 2005, the applicant was discharged, with a discharge UOTHC,
under the provisions of Army Regulation 635-200, paragraph 14-12c(2), in
pay grade E-1.  He had completed 11 months and 2 days of creditable active
service. His DD Form 214 shows he had 3 days of lost time.

8.  On 24 January 2007, the Army Discharge Review Board voted to deny the
applicant’s request to upgrade his discharge to general under honorable
conditions.

9.  On 7 May 2007, the District Court, 25th Judicial District of Guadalupe
County, TX, granted the applicant’s petition to expunge the alleged offense
of reckless driving committed on 31 December 2004.

10.  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,
commission of a serious offense, convictions by civil authorities,
desertion or absence without leave.  Action will be taken to separate a
member for misconduct when it is clearly established that rehabilitation is
impracticable or is unlikely to succeed.  A discharge UOTHC is normally
appropriate for a Soldier discharged under this chapter.  However, the
separation authority may direct a general discharge if such is merited by
the Soldier’s overall record.

11.  Army Regulation 635-200, paragraph 3-7b, provides that a general
discharge is a separation from the Army under honorable conditions.  When
authorized, it is issued to a Soldier whose military record is satisfactory
but not sufficiently meritorious to warrant an honorable discharge.  A
characterization of under honorable conditions may be issued only when the
reason for the Soldier’s separation specifically allows such
characterization.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s administrative separation was accomplished in
compliance with applicable regulations with no indication of procedural
errors which would tend to jeopardize his rights.

2.  The Board has taken cognizance of the applicant’s good post-service
conduct and his admirable goals for the future.  However, these factors do
not warrant the relief requested.

3.  The applicant was 20 years old at the time he committed the offenses
that led to his discharge.  He had successfully completed basic training
and advanced individual training and knew the Army’s standards of conduct,
especially in regard to drug offenses.  It is also noted that the charge of
reckless driving does not appear to have been one of the factors cited by
his commander when the commander initiated the separation action.
Considering the applicant’s several drug offenses, the characterization of
his discharge as UOTHC was and still is appropriate.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__wdp___  __wb____  __dll___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                  __William D. Powers___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070003179                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070816                                |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |20050525                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |A66.00                                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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