Application Receipt Date: 060616	

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: 970424
Discharge Received:     Date: 970804   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: D Company, 1st Battalion, 4th Infantry Regiment, APO AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): Summarized Article 15/961227/Dereliction of duty on 961221.

970209/Wrongfully possessing and concealing drug abuse paraphernalia on 961204 and the wrongful use of THC (marijuana) (between on or about 961104 and on or about 961204(Field Grade)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  670306  
Current ENL Date: 940523    Current ENL Term: 05 Years  ?????
Current ENL Service: 03 Yrs, 02Mos, 12Days ?????
Total Service:  10 Yrs, 08Mos, 14Days ?????
Previous Discharges: RA-861121-890328/HD
                                      RA-890329-940522/HD
Highest Grade: E5
Performance Ratings Available: Yes    No 
MOS: 19K10 (M1 Abrams Armor Crewman)   GT: 99   EDU: HS Grad   Overseas: Germany, Saudi-Arabia   Combat: Southwest Asia (901231-910502)
Decorations/Awards: ARCOM, AAM (2d Award), AGCM (3d Award), NDSM, SWASM (w/3 bss), NCOPDR, ASR, OSR (2d Award), KLM-SA, KLM-KU
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 24 April 1997, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct (failure to obey an order or regulation, possession of drug abuse paraphernalia, and positive urinalysis), 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 submitted a statement in his own behalf.  On 28 April 1997, the applicant submitted a request for a conditional waiver for an administrative separation board contingent upon receiving a characterization of service or description of separation no less favorable than general, under honorable conditions.  The intermediate and senior commanders reviewed the proposed discharge action and recommended approval of the separation action with an general, under honorable conditions discharge.  On 4 June 1997, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.  
      
      The applicant has a CID Report of Investigation dated 4 December 1996, in his Official Military Personnel File.
      
      
      
      

      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 she 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 her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By her misconduct, the applicant diminished the quality of her 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 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: 23 May 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel:   yes [ redacted ]


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 determined that the applicant's overall length and quality of service, and the circumstances surrounding his discharge, 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.  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: Eric S. Moore, 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: 


MARY E. SHAW				DATE: 31 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060008889

Applicant Name:  Mr.        
______________________________________________________________________


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