Application Receipt Date: 060905	

Prior Review    Prior Review Date: None

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

Issues: The applicant stated, "I am experiencing difficulty in acquiring gainful employment due to being issued a general discharge.  I can't further my education as I am not eligible for education benefits under the MGIB."  The applicant submitted 8 pages of appointments for the Army Career and Alumni Program.

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: 060427
Discharge Received:     Date: 060515   
Chapter: 14    AR: 635-200
Reason: Misconduct (Drug Abuse)
RE:     SPD: JKK
Unit/Location: Alpha Battery, 3rd   Battalion, 82nd Field Artillery, 2nd  Brigade, 1st Cavalry Division, Fort Hood, TX 76544 

Time Lost: None

Article 15s (Charges/Dates/Punishment): The applicant stated that he received a Field Grade Article 15.  On 060316 the unit commander requested legal action in the form of a Filed Grade Article 15.  However, the Article 15 is not part of the available record.

The unit commander memorandum notification, dated 060427, indicates that the applicant was reduced from PFC to PVT on effective date:  060411.


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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  840330  
Current ENL Date: 030717    Current ENL Term: 3 Years  ?????
Current ENL Service: 2 Yrs, 9 Mos, 29 Days ?????
Total Service:  2 Yrs, 9 Mos, 29 Days ?????
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes    No 
MOS: 13B10, Cannon Crewmember   GT: 96   EDU: GED   Overseas: Southwest Asia   Combat: Iraq-040107-050217
Decorations/Awards: GWOTEM, GWOTSM, NDSM, HSM, ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None were submitted.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 18 April 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct - commission of a serious offense (you were arrested for possession of marijuana on 12 December 2005 and also admitted to the use of marijuana and you also have a previous assault offense on 21 September 2005), with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant waived legal counsel, was advised of the impact of the discharge action, and submitted 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 3 May 2006, 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 Military Police Reports (2) dated 050926 and 060106, in his OMPF. 
      
      
      

      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, commission of a serious offense, convictions by civil authorities, desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is 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 independent documents he submitted, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to fully honorable.  This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct.  While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The analyst found that the overall length and quality of the applicant's service, to include his combat service, mitigated the discrediting entries in his service record.  However, the reason for discharge remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 2 April 2007              
Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: Yes (redacted)

Witnesses/Observers: Yes, counsel assistant

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     No change    (Character)
		 			       	Change     No change    (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 found that the overall length and quality of the applicant’s service, to include his combat service, the circumstances surrounding the discharge, and his post service accomplishments, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant 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 entails a change of the reentry eligibility (RE) code to "3."

















Case report reviewed and verified by: Mr. John Zangas, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: Secretarial Authority, under provisions of Ch 5, AR 635-200
Other: None
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: 


MARY E. SHAW				DATE: 11 April 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060012651

Applicant Name:  Mr.       
______________________________________________________________________


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