Application Receipt Date: 060705	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached documents.

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: 020104
Discharge Received:     Date: 020208   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKK
Unit/Location: HQ and Company A, 526th Forward Support Bn, Fort Campbell, 42223  

Time Lost: Confinement by Military Authorities-21 days from (011207-011227).

Article 15s (Charges/Dates/Punishment): 011003-without authority, fail to go to his appointed place of duty, x 10, (010413), (010414), (010414), (010414), (010414), (010414), (010521), (010529), (010816), (010823), with intent to deceive, make to a 1SG an official statement, x 3, (010508), (010510), and (010823), with intent to deceive, make to a SGT an official statement, (010529), and with intent to deceive, make to a SSG an official statement, (010820), (Field Grade).  

Court-Martials (Charges/Dates/Punishment): Summary Court Martial-011204, wrongful use of marijuana, between on or about (010910) and (011010), forfeiture of $695.00 for one month, and confinement for 30 days.

Summary Court Martial-010404, without authority, fail to go to his appointed place of duty, x 3, (001016), (010117), and (010205), disobeyed a lawful order from a SSG, (001109), disobeyed a lawful order from a 1SG, (010215), dereliction of duty, (001128), and use of marijuana between on or about (010204) and (010305), reduced to E-1,  forfeiture of $695.00 pay for one month, 30 days hard labor without confinement, and 30 days restiction to the limits of Fort Campbell, KY.   

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  800421  
Current ENL Date: 990817    Current ENL Term: 3 Years  ?????
Current ENL Service: 02 Yrs, 05 Mos, 01Days ?????
Total Service:  02  Yrs, 05 Mos, 01 Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 55B10 Ammunition Spec   GT: 107   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: The applicant completed a court ordered drug treatment program on 18 May 2006.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 4 January 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commisssion of a serious offense (conviction by a Summary-Court Martial, disobeying NCOs, use of marijuana, conviction in the United States District Court of larceny from the post exchange, and received a Field Grade Article 15 for false official statements.  He was convicted in a second court-martial of   marijuana use for the  second time), with an under other than honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board, 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 commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 4 February 2002, 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.
      
      The applicant has a CID Report Of Investigation dated 23 March 2001, in his OMPF.
      
      The applicant had a Bar To Reenlistment, however that document is not part of the available record.   

      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 he submitted, the characterization of service is improper.  The analyst noted that the government introduced into the discharge packet the results of a biochemical test that was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan.  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 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: 6 June 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 2    No change 3   - Character
		 			      Change 0    No change 5   - 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, voted to deny relief.





















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: 21 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060009432

Applicant Name:  Mr.        
______________________________________________________________________


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