Application Receipt Date: 060714	

Prior Review    Prior Review Date: None

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

Issues: The applicant states, in effect, that he feel he served his country honorably despite the few mistakes I made.  I served 4 years in the U.S. Army, in the 181st Transportation Battlion, Mannheim, Germany.  I served 3 years in Germany, and 1 year in Iraq in support of Operation Iraqi Freedom and Operation Enduring Freedom.  During my tenure in the U.S. Army, I was an administrative specialist handling numerous responsibilities in the S-1 shop.  I reviewed, critiqued, and processed actions, awards, financial actions, and evaluation reports.  I was the battalion publications clerk; ordering and distributing publications to the 181st Transportation Battalion.  I was also in charge of generating the battalion daily status report for personnel accounting.  I was selected to be on the advance party for Operation Iraqi Freedom/Operation Enduring Freedom, arriving in Kuwait months before the rest of the battalion.  While in Iraq/Kuwait, I handled the same duties as in garrison with the additional duty of picking up and distributing mail to the battalion.  During Operation Iraqi Freedom, I served as a member of the Quick Reactionary Force (QRF) team, on call 24 hours a day ensuring the safety of the battalion.  During a rough time of the war, myself and two other soldiers constructed a shower point for over 200 soldiers, which served as a huge morale booster.  I drove a number of vehicles during the war, including a HMMWV and a 2 1/2 ton; accumulating over 350 accident/incident free miles.  While I do regret the mistakes I made while in the U.S. Army, I am very proud that I was able to serve my country and hopefully make a positive impact on the lives of others.  The mistakes I made while serving were during off duty hours.  I know this does not justify them, however, while on duty I always had a mission first attitude and was very dedicated and devoted to the U.S. Army.  I feel I played a major role in the success of the S-1 shop in Germany and Iraq/Kuwait.  I had a very stong work ethic, and was a dependable, self motivated soldier.  I am doing well since my departure from the military.  I am a financial detail assistant for JCPenney Catalog, at one of the largest catalog logistics centers in the world.  I am a goal oriented and motivated person, and to receive an upgrade in my discharge would be very significant, and would contribute to me furthering my career and education.  Thank you for taking the time to review my application.  I will continue to support our Armed Forces during these difficult times.   

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: 040727
Discharge Received:     Date: 040831   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKQ
Unit/Location: HQ & HQ Detachment, 181st Transportation Battalion, Germany, APO AE 09166  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 011030, Wrongfully used methylenedioxy-methylamphetamine (MDMA), also known as Ecstacy on or between (010720-010723); (Field Grade)

2nd Article 15, 030622, Violated a lawful general regulation by wrongfully purchasing and drinking alcoholic beverages (030607), the Art. 15, (continuation sheet-NIF), (Field Grade) 

3rd Article 15, 040414. With intent to deceive, made an official statement to a SGT, which was false, wrongfully used 3, 4-MDMA (040130), wrongfully possess an unknown quantity of amphetamines (040228), as a result of wrongful previous overindulgence in intoxicating liquor or drugs, was incapacitated for the proper performance of his duties (040319), unlawfully enter a Pharmaceutical Company (040228) and was drunk and disorderly (040228), (Field Grade)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  820813  
Current ENL Date: 000808    Current ENL Term: 4 Years  with a 3 Month extension (021107)
Current ENL Service: 4 Yrs, 0 Mos, 23 Days ?????
Total Service:  4 Yrs, 0 Mos, 23 Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 42L10 Administrative Specialist   GT: 103   EDU: HS Grad   Overseas: Germany (010117-030116), Southwest Asia   Combat: Kuwait/Iraq (030124-040118)
Decorations/Awards: AAM (2), NDSM, GWOTEM, GWOTSM, ASR, OSR 
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: See DD Form 293 with attachment.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 12 July 2004, 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 ( you wrongfully used methylenedioxy-methylamphetamine (MDA) also known as Ecstacy, wrongfully possessed amphetamines,made a false official statement; you were incapacitated for the proper kperformance of your duties, as a result of wrongful previous overindulgence in intoxicating liquor or drugs, unlawfully enter a private property and you were drunk and disorderly), 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 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 13 August 2004, 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 (040229) 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 he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The analyst determined that 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 applicant is to be congratulated on his work achievements since departing the Army.  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.  
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 11 July 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 0    No change 5   - 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. Ron Williams, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: N/A
Other: N/A
RE Code:  
Grade Restoration:   No   Yes  Grade: N/A

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 20 July 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060009859

Applicant Name:   Mr.       
______________________________________________________________________


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