Application Receipt Date: 060630	

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: 050228
Discharge Received:     Date: 050407   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKK
Unit/Location: Headquarters and Headquarters Battery, 3rd Battalion, 82nd Field Artillery Regiment, Division Artillery, 1st Cavalry Division, Fort Hood, TX 

Time Lost: Confined by military authorities for a total of 148 days from 040910-050204, as a result of his General Court-Martial 040910; Absent without leave 8 days 050331-050407.

Article 15s (Charges/Dates/Punishment): 030610/Wrongful use of cocaine on or between 030405 and 030505/(Field Grade)

Court-Martials (Charges/Dates/Punishment): General Court-Martial/040910/Wrongful possession of 53 glass vials of testosterone on or about 040921, wrongful possession of 650 mg of testosterone enantate on or about 040821, and wrongful possession with intent to distribute 893 tablets of oxymetholone on or about 040921 all while receiving special pay/He was sentenced to confinement for six months, and reduction to E1.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  830117  
Current ENL Date: 020702    Current ENL Term: 03 Years  ?????
Current ENL Service: 02 Yrs, 04Mos, 00Days ?????
Total Service:  02 Yrs, 04Mos, 00Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 63D10 (Self Propelled Field Artillery System Mechanic)   GT: 95   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (040108-050107)
Decorations/Awards: GWOTEM, GWOTSM, NDSM, ASR
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 28 February 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 (receiving a field grade Article 15 on or about 10 June 2003, for wrongful use of cocaine, and was tried by a General-Court Martial on or about 21 August 2004, for wrongful possession of testosterone, testosterone enantate and oxymetholone, a scheduled III controlled substance), with an under other than honorable conditions discharge.  He was advised of his rights.  The applicant waived legal counsel and consideration of his case by an administrative separation board, waived his right to submit a conditional waiver, 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 and senior intermediate  commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 4 April 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than 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 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 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 or general 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: 30 May 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 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: 11 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060009412

Applicant Name:  Mr.       
______________________________________________________________________


Page 5 of 5 pages