Application Receipt Date: 051230

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached DD Form 293.

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: 050914
Discharge Received:     Date: 050926
Chapter: 14    AR: 635-200
Reason: Misconduct (Drug Abuse)
RE:     SPD: JKK
Unit/Location:

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050825/Wrongful use of marijuana
and methamphetamines/FG

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

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  840426
Current ENL Date: 020618    Current ENL Term: 5 Years       
Current ENL Service: 03 Yrs, 03Mos, 09Days      
Total Service:  03 Yrs, 03Mos, 09Days      
Previous Discharges: None
Highest Grade: E5
Performance Ratings Available: Yes    No
MOS: 11B10 (Infantryman)   GT: 107   EDU: HS Grad   Overseas: Kuwait/Iraq
Combat: Kuwait/Iraq (030303-040303 & 040505-040707)
Decorations/Awards: ICM, AGCM, GWOTEM, GWOTSM, NDSM, ASR, OSR (2nd Award),
Combat Infantryman Badge.
V.  Post-Discharge Activity
Home of Record:
Current Address:
Wilburton ost Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 14 September 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—commission of
a serious offense (wrongful use of marijuana and methamphetamines), 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.  The intermediate
commander reviewed the proposed discharge action and recommended approval
of the separation action with a general, under honorable conditions
discharge.  On 16 September 2005, the separation authority waived further
rehabilitative efforts and directed that the applicant be discharged with a
characterization of service of general, under 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,
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 submitted, the evidence was not sufficiently mitigating to
warrant an upgrade of the discharge under review.  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.  Therefore, the analyst determined that reason for discharge
and the characterization of service were both proper and equitable and
recommends the Board vote to deny relief in this case.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing:                  Date: 061108
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
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 too harsh, and as a result it is
inequitable.  The Board does not condone the applicant’s misconduct;
however, determined that the overall length and quality of the applicant’s
service to include combat service, mitigated the discrediting entries in
his service record.  Accordingly, the Board voted to grant relief in the
form of an upgrade of the characterization of service to fully honorable.

     Futhermore, notwithstanding the propriety of the applicant’s narrative
reason for separation; the Board determined that it was inequitable.  The
Board found that the narrative reason for separation on the applicant’s DD
Form 214 was incorrect.  Regulations currently in effect list the reason
for the applicant’s discharge as misconduct.  Accordingly, the Board voted
to change the narrative reason on the DD Form 214 to current standards
“misconduct.”










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: Current Standard "Misconduct"
Other: NA
RE Code:
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority:

ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board

Official:


ESMERALDA G. PROCTOR         DATE: 061113
Colonel, U.S. Army
Chief, Secretary Recorder