Application Receipt Date: 060711	

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached DD Form 293 and supporting 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: 930112
Discharge Received:     Date: 930408   
Chapter: 14    AR: 635-200
Reason: Misconduct-Abuse of Illegal Drugs
RE:     SPD: JKK
Unit/Location: 543d Supply Company, 80th Ordinance Battalion, Fort Lewis, WA  98433-5486 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 921214/Wrongfully used marijuana between (921005 and 921103)/Reduction to E5, forfeiture of $714.00, and 45 days extra duty/Field Grade.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  600531  
Current ENL Date: 910426    Current ENL Term: 04 Years       
Current ENL Service: 01 Yrs, 11Mos, 13Days      
Total Service:  13 Yrs, 05Mos, 03Days      
Previous Discharges: RA-791106-820614/HD
                                      RA-820615-851028/HD
                                      RA-851029-910425/HD
Highest Grade: E6
Performance Ratings Available: Yes    No 
MOS: 54B2PP5 (Chemical Operations Specialist)   GT: 123   EDU: 14 Yrs   Overseas: Germany, Southwest Asia   Combat: Kuwait (901027-911018)
Decorations/Awards: ASR, NDSM, Parachute Badge, NCOPDR (3), OSR (2d Award), AAM (2d Award), AGCM (4th Award), ARCOM, SWASM (w/3 bronze service stars), KLM, Certificate of Appreciation (2)
V.  Post-Discharge Activity
Home of Record: Carson City, NV
Current Address: 1228 24th Street (11) 
Vero Beach FL 32960
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

a.  Facts and Circumstances:
Evidence of record shows that on 12 January 1993, 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 abuse of illegal drugs (tested positive for marijuana), 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, requested 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.  On 25 January 1993, the intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge and made a comment that the applicant requested to have his case considered by an administrative separation board.  On 11 February 1993, the applicant was notified to appear before an Administrative Separation Board and advised of his rights.  On 2 March 1993, the Board met; applicant appeared with counsel.  The Board recommended that the applicant be discharged with a characterization of service of general, under honorable conditions.  On 31 March 1993, 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, supporting documents, 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 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.  Furthermore, the analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.














VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 3 December 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: The American Legion
                 ATTN: Mr. Lawrence Provost
                 1608 K Street NW
                 Washington, DC  20006

Witnesses/Observers: None 

Exhibits Submitted: None




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 5    No change 0   - Character
		 			      Change 5    No change 0   - 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, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the discharge was inequitable.  The Board does not condone the applicant’s misconduct; however, determined that the overall length and quality of the applicant’s service to include his combat service, the circumstances surrounding the discharge, and the time that has elapsed since his discharge, mitigated the discrediting entry in his service record.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority.  This action does not entail a change to the reentry eligibility (RE) code.















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: Secretarial Authority under the provisions of Chapter 5, AR 635-200
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: 


CHRISTINE U. MARTINSON			DATE: 4 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder