Application Receipt Date: 060731	

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: NIF
Discharge Received:     Date: 060303   
Chapter: 14    AR: 635-200
Reason: Misconduct, (Serious Offense)
RE:     SPD: JKQ
Unit/Location: HHT, Task Force Sabre, Bagram Airfield, Afghanistan, APO AE 09354 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 051226-Violated a lawful general order, by wrongfully consuming alcohol, (051209), wrongfully used Benzodiazepine (Valium), (051209), and wrongfully used marijuana, between on or about (051125) and (051209), (Field Grade).

051226-the suspension of the punishment of reduction to PVT/E1, forfeiture of $618.00 pay per month for two months, extra duty for 45 days and restriction for 45, imposed on (051226), was vacated for the following offense, with intent to deceive, made a false official statement to a LTC, that he did not consume alcohol, (051209). 

040916-Having been restricted by a person authorized to do so, broke said restriction, and as a result of over indulgence in intoxicationg liquor or drugs, incapacitated for the proper performance of his duties, (Field Grade). 

040517-Wrongfully used marijuana, on or between (030224 and (040325), (Field Grade). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  820701  
Current ENL Date: 030107    Current ENL Term: 4 Years  ?????
Current ENL Service: 03  Yrs, 01 Mos, 27 Days ?????
Total Service:  03  Yrs, 01 Mos, 27 Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 63B10 Wheeled Vehicle Mechanic   GT: NIF   EDU: HS Grad   Overseas: Germany   Combat: Afghanistan (050318-060218)
Decorations/Awards: AGCM, NDSM, ACM, GWOTSM, ASR, C/Ach, C/App, COT (2), 
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 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 (he wrongfully consumed valium and marijuana), 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, requested consideration of his case by an administrative separation board, and did not submit a statement in his own behalf.  The Commanding General, Combined Joint Task Force-76, referred the applicant's case for a hearing before the Bagram Airfield Standing Administrative Separation Board.  However, the record is void of the findings and recommendation of the board and the analyst presumed Government regularity in the discharge process.  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 an under other than honorable conditions discharge.  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 Military Police Report dated 9 December 2005, 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 during the period of enlistment under review, the issue and documents he submitted, the analyst noted that the unit commander used “Board Procedures” when notifying the applicant that he was initiating action to separate him under the provisions of Chapter 14, AR 635-200, by reason of misconduct.  By using “Board Procedures” the authority for approval of the applicant’s separation rested with the General Court-Martial Convening Authority.  The evidence of record shows that someone other than the General Court-Martial Convening Authority approved the applicant’s discharge.  In view of the foregoing, the discharge was improper.  Accordingly, 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 is recommended to the Board.  This action does not entail a change to the reentry eligibility (RE) code; however, the Board can consider it. 
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 12 September 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 5    No change 0   - 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 improper.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  However, the Board found that the reason for discharge was both proper and equitable and voted not to change it.  This action does not entail a change to the reentry eligibility (RE) code.


















 

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: 


CHRISTINE U. MARTINSON				DATE: 24 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060011498

Applicant Name:  Mr.       
______________________________________________________________________


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