Application Receipt Date: 060606	

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: 051208
Discharge Received:     Date: 060110   
Chapter: 14    AR: 635-200
Reason: Misconduct (Serious Offense)
RE:     SPD: JKQ
Unit/Location: B Company, 2nd Battalion, 3rd Infantry Regiment, 3rd Brigade (SBCT), 2nd Infantry Division, Fort Lewis, WA  98433-9500 

Time Lost: AWOL, for a total of 13 days from (9 April 2004 to 21 April 2004).  

Article 15s (Charges/Dates/Punishment): 040520, AWOL, from (9 April 2004 to 21 April 2004), disrespectful in language toward a SSG x 3, (21 February 2004), (25 February 2004), and (6 April 2004), (Field Grade)

2nd Article 15, 050524, Failed to obey a lawful order issued by a SGT (3 May 2005), and disrespect toward a noncommissioned officer (3 May 2005), (Summarized)

3rd Article 15, 051201, disrespectful in language toward a SFC (28 September 2005), disrespectful in language and deportment toward a SSG (3 October 2005), dereliction of duty in that he failed to secure his sensitive items, as it was his duty to do so (4 October 2005) and larceny of a value of about $149.97, the property of B Company, 2nd Battalion, 3rd Infantry Regiment Supply Room (22 October 2005), (Field Grade)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  751029  
Current ENL Date: 020429    Current ENL Term: 6 Years  ?????
Current ENL Service: 3 Yrs, 7 Mos, 29 Days ?????
Total Service:  9 Yrs, 11 Mos, 13 Days ?????
Previous Discharges: USAR-950825-960103/NA
                                      RA-960104-980316/HD
                                      RA-980317-010426/HD
                                      RA-010427-020428/HD
Highest Grade: E5
Performance Ratings Available: Yes    No 
MOS: 92Y10 Unit Supply Specialist/11B10 Infantryman   GT: 105   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: GCMDL, NDSM, GWOTSM, KDSM, NCOPDR, 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 5 December 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 (between on or about 3 November 2005 and on or about 8 November 2005, you wrongfully used cocaine, and between on or about 11 November 2005 and on or about 16 November 2005, you wrongfully used cocaine again), with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant waived 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 15 December 2005, the separation authority 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, and the issue he submitted, the characterization of service is improper.  The analyst noted that the government introduced into the discharge packet the results of a command directed competence for duty (i.e., fitness for duty) biochemical test.  This is limited use information as defined in Chapter 6, AR 600-85.  Use of this information mandates award of a fully honorable characterization of service.  Accordingly, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst found that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. 
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 2 May 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: N/A

Witnesses/Observers: N/A 

Exhibits Submitted: N/A




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 and is improper.  Accordingly, the Board voted to grant full 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. Ron Williams, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: None
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: 9 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060008135

Applicant Name:  Mr.        
______________________________________________________________________


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