Application Receipt Date: 060519	

Prior Review    Prior Review Date: None

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

Issues: See 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: 980413
Discharge Received:     Date: 980508   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKK
Unit/Location: B Btry 3rd Bn 2nd ADA 31st Bde Fort Bliss, TX 79916-6816 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 980224-wrongfully use marijuana, between on or about (981212) and (980112), (Field Grade).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  740815  
Current ENL Date: 960930    Current ENL Term: 3 Years  ?????
Current ENL Service: 01 Yrs, 08 Mos, 08 Days ?????
Total Service:  06 Yrs, 08 Mos, 11 Days ?????
Previous Discharges: USAR-910828-920803/NA
                                      ADT-920804-921210/UNC
                                      USAR-921211-930629/NA
                                      RA-930630-960929/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 63B10 Light Wheel Vehicle Mechanic/71G10 Patient Admin Spec   GT: 111   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: AAM, AGCM, NDSM, ASR, OSR
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 9 April 1998, 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 (on 28 January 1998, he tested positive for THC, the substance found in marijuana, and on 27 February 1998, he missed the unit accountability formation), 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, waived consideration of his case by an administrative separation board, and did not submit a statement in his own behalf.  On 13 April 1998, the applicant voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than an honorable or general, under honorable conditions discharge, 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.  The senior commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 24 April 1998, 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, 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 and the issue and he submitted, the analyst recommend that the applicant’s characterization of service be upgraded to fully honorable.  This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is now inequitable.  While the applicant's misconduct is not condoned, the analyst found that the overall length and quality of the applicant's service, and the time that has elasped since his discharge mitigated the discrediting entry in his service record.  However, the analyst determined that the reason for discharge was both proper and equitable.    

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 4 April 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     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 now inequitable.  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: Mr. Kenneth McFarley, 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: 


MARY E. SHAW				DATE: 12 April 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060007091

Applicant Name:  Mr.        
______________________________________________________________________


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