Application Receipt Date: 060823	

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: 050908
Discharge Received:     Date: 051118   
Chapter: 14    AR: 635-200
Reason: Misconduct, Commission of a Serious Offense
RE:     SPD: JKQ
Unit/Location: Headquarters and Support Company, 1st Battalion, 5th Special Forces Group (Airborne), Fort Campbell, KY  42223 

Time Lost: The applicant's DD Form 214 makes no reference to him having any lost time, however, the applicant received two Summary Court-Martial's which confined him to 30 days of confinement each for a total of 60 days.  This would change his "Total Service" from 2 yrs, 4 mos, and 18 days, to 2 yrs, 2 mos, and 18 days. 

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

Court-Martials (Charges/Dates/Punishment): 050505, Summary Court-Martial-for conspiracy to steal body armor of some value less than $500.00 between on or about (041101) and (041130); failed to go to his appointed place of duty x 4, (050203); (050216); (050311); (050314); wrongful possession of marijuana (050318); wrongful use of marijuana X 2, (050214) and (050314); wrongful use of methylendedioxymethamphetamine X 2, on or between (050307) and (050314);and stealing body armor of some value less than $500.00 between on or about (041101) and (041130).  He was sentenced to reduction to E-1, forfeiture of $823.00 pay for one month, suspended, to be automatically remitted if not vacated before (051105), and confinement for 30 days. 
2nd Summary Court-Martial/050916/Conspiracy to wrongfully appropriate master keys to barracks rooms from the first sergeant's office and enter multiple unattended barracks rooms, and steal electronic equipment, compact discs (CDs), digital video disks (DVDs), and clothing articles between on or about (050601) and (050610); stealing a DVD player between on or about (050601) and (050610); stealing a cable box between on or about (050601) and (050610), stealing clothing articles between on or about (050601) and (050610), wrongfully entering a room between on or about (050601) and (050610), and wrongfully receiving stolen property between on or about (050601) and (050610).  He was sentenced to reduction to E-1, forfeiture of $823.00 for one month, and confinement for 30 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  850316  
Current ENL Date: 030701    Current ENL Term: 03 Years  ?????
Current ENL Service: 02 Yrs, 04Mos, 18Days ?????
Total Service:  02 Yrs, 04Mos, 18Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 92Y1P (Unit Supply Specialist)   GT: 109   EDU: GED   Overseas: Southwest Asia   Combat: Iraq (040705-041203)
Decorations/Awards: NDSM, ASR, GWOTEM, GWOTSM, Parachutist Badge
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 on 8 September 2005, 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 (receiving a summary court-martial on 5 May 2005 for conspiracy, failure to report, wrongful possession of marijuana, wrongful use of marijuana, wrongful use of methylenedioxymethamphetamine, and larceny; receiving a second summary court-martial on 16 September 2005 for conspiracy, larceny, housebreaking X 2, and knowingly receiving stolen property), with a under other then honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 commander reviewed the proposed discharge action and recommended approval of the separation action with a under other than honorable conditions discharge.  The separation authority directed that the applicant be discharged with a characterization of service of under other than 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, the issue, and documents 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 general, under honorable conditions 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 Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Therefore, the reason for discharge and the characterization of service remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 29 August 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 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, and voted to deny relief.





















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

Case Number AR20060012064

Applicant Name:  Mr.        
______________________________________________________________________


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