Application Receipt Date: 06/09/08	

Prior Review    Prior Review Date: None

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

Issues: My decision was based on one isolated incident I had with my unit in 3 years. I am in need of and Honorable discharge to advance my career and personal goals. Currently, I am a computer programmer for a local community college, but my career goal is to become an operations research analyst, conducting research analysis for the government. Since my departure I have received my Associate's Degree in Computer Science. Currently I am working on my Bachelor's Degree in Computer Science with a graduation date of May 2008. While attending school, I have successfully used my VA college benefits. I definitely understand why I received this discharge, but I have learned from this mistake and have advanced my career since.  I feel this decision to grant the honorable discharge can enhance my career and give me closure to my military career. Thanks

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: 990802
Discharge Received:     Date: 991012   
Chapter: 14    AR: AR 635-200
Reason: Misconduct
RE:     SPD: JKK
Unit/Location: HHC, 2nd Battalion 227th Aviation Regiment, 4th Aviation Brigade, 1st Cavalry Division, Fort Hood, TX 76544 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 99/07/19, Wrongfully use marijuana, between on or about 99/05/22 -99/06/22, Reduction to Private (E3), forfeitrue of $277.00 for 1 months, 14 days extra duty and 14 days restriction (Company Grade)



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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  77/05/20  
Current ENL Date: 99/03/05    Current ENL Term: 3 Years       
Current ENL Service: 00 Yrs, 07Mos, 07Days      
Total Service:  03 Yrs, 01Mos, 00Days   
Previous Discharges: RA - 96/09/12 - 99/03/04, HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 63B10 (Light WVEH MECH)   GT: 98   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR
V.  Post-Discharge Activity
Home of Record: Richmond, VA
Current Address: 145 View Pointe Drive 
Newport News VA 23603 
United States
Post Service Accomplishments: Applicant states that he has completed his Associates Degree in Computer Science and is currently working to complete his Bachelors Degree in Computer Science and will graduate in May 2008.

VI.  Facts, Circumstances, and Legal Basis for Separation

a.  Facts and Circumstances:
Evidence of record shows that on 2 August 1999, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—wrongful use of marijuana, which resulted in company grade Article 15, with a general 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 commanders reviewed the proposed discharge action and recommended approval of the separation action with a general discharge.  On 21 September 1999, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general-under 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, and the issue 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 now inequitable.  The analyst found that the overall length of the applicant's service and his post service accomplishments mitigated the discrediting entries in his service record.  However, the analyst determined that the reason for discharge was proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 28 November 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 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: Chuck Busick, 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:      

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON			DATE: 28 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder