Application Receipt Date: 060817	

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: 010228
Discharge Received:     Date: 011130   
Chapter: 7    AR: 135-178
Reason: Misconduct
RE:     SPD: NA
Unit/Location: 4013th USAR GSU (-) (W8MF01), Bossier City, LA 71112-2596 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  610318  
Current ENL Date: 981108    Current ENL Term: 6 Years  ?????
Current ENL Service: 03  Yrs, 00 Mos, 23 Days ?????
Total Service:  22 Yrs, 00Mos, 24 Days ?????
Previous Discharges: USAR-800805-801006/NA
                                      RA-801007-840928/HD
                                      USAR-840928-860726/NA
                                      USAR-860727-920509/NA
                                      AD-901128-910719/HD 
                                        (Concurrent Service)
                                     USAR-920510-970813NA
                                     AD-970814-980510/HD
                                       (Concurrent Service)
                                     USAR-980511-981107/NA
Highest Grade: E7
Performance Ratings Available: Yes    No 
MOS: 88N3H Movement Supervisor   GT: 76   EDU: HS Grad   Overseas: Germany   Combat: Bosnia (970917-980403)
Decorations/Awards: ARCOM, JSAM, AAM (2), AGCM, ARCAM (2), NDSM, AFEM, AFRM, AFRM w/"M" Device, ASR, OSR, ALB  
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: The applicant states he is the lead night custodian at Caddo Parish (LA) School Board System where he has been employed for twenty years, and volunteers every summer at the Booker T. Washington High School summer basketball camp for under priviliged children. 

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The unit commander's memorandum notifying the applicant of initiation of separation action under the provisions of Chapter 7, AR 135-178, is not part of the available record and the analyst presumed Government regularity in the discharge process.  The unit commander recommended separation by reason of misconduct (tested positive for cocaine on 2 December 2000), with an under other than honorable conditions discharge.  He was advised of his rights.  The applicant waived consideration of his case by an administrative separation board contingent upon his receiving a characterization of service no less favorable than general, under honorable conditions, 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 senior commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 21 July 2001, the separation authority referred the separation action to an administrative separation board.  On 17 September 2001, the board met, and the applicant appeared with counsel.  The board recommended that the applicant be separated from the U.S. Army Reserve with a characterization of service of under other than honorable conditions discharge.  On 19 October 2001, the separation authority approved the findings and recommendation of the administrative separation board, 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 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel of the Army Reserve and Army National Guard.  Chapter 7 of this regulation defines misconduct by reason of one or more of the following:  minor disciplinary infractions, a pattern of misconduct, commission of a serious offense (to include abuse of illegal drugs,) and conviction by civil authorities.  The service of a Soldier discharged for reasons indicated in paragraph 7, will normally be characterized as under other than honorable conditions.  If warranted by the Soldier's overall record, a characterization of service of under honorable conditions may be furnished.

      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 that he submitted, the analyst  recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is now inequitable.  While the applicant's misconduct is not condoned, the analyst found that the overall length and quality of the applicant's service; and his post service accomplishments, mitigated the discrediting entry in his service record.  However, the analyst determined that the reason for discharge was both proper and equitable.    
      
      
      
      
      
      
      
      
      
       
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 26 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 1    No change 4   - 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 and voted not to change.



















 

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

Case Number AR20060011693

Applicant Name:  Mr       
______________________________________________________________________


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