Application Receipt Date: 2006/09/15	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attachment

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: 041201
Discharge Received:     Date: 050504   
Chapter: 14, Paragraph 12c(2)    AR: 635-200
Reason: Misconduct-Abuse of Illegal Drugs
RE:     SPD: JKK
Unit/Location: C/3-502 IN, Fort Campbell, KY 42223 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 
041119, Field Grade, wrongfull use of marijuana (040930), $586 pay for two months, 45 days extra duty, 45 days restriction

041015, Field Grade, wrongfull possession of marijuana (040902), reduced to E-1, $586 pay for two months, 45 days extra duty, 45 days restriction

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  820104  
Current ENL Date: 020718    Current ENL Term: 4 Years  ?????
Current ENL Service: 02 Yrs, 09 Mos, 17 Days ?????
Total Service:  02 Yrs, 09 Mos, 17 Days ?????
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 111   EDU: HS   Overseas: Iraq   Combat: Iraq (030305-040215)
Decorations/Awards: ICM, GWOTEM, NDSM, ASR, OSR, CIB
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:
      The evidence of record indicates that on 1 December 2004, 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 serious offense, for wrongful possession of marijuana (040902) and wrongful use of marijuana (040930) with an under other than honorable conditions discharge.  He was advised of his rights.  On 15 November 2004, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge and did not submit a statement in his won 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 an other than honorable conditions discharge. On 24 January 2005, the General Court-Martial Convening Authority disapproved the conditional waiver and directed an administrative separation board.  On 4 March 2005, the board met, applicant appeared with counsel.  The Board recommended that the applicant be discharged with a general, under honorable conditions discharge.  However, the separation authority documentation approving the boards findings and recommendations, and directing that the applicant be discharged with a characterization of service of general, under honorable conditions is not part of the available records and the analyst presumed Government regularity in the discharge process.  On 28 April 2005, DA, HQ, 101st Airborne Division (Air Assault), Fort Campbell, KY 42223-500 discharged the applicant from the Regular Army, effective date 4 May 2005.  On 4 May 2005, the applicant was discharged with a general, under honorable conditions discharge.  
      
      The applicant has a CID Report of Investigation dated (041028) and a Military Police Report dated (040902) in his Official Military Personnel Folder.

      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 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 fully honorable 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 analyst noted the applicant's issue with his application outlining his successful accomplishments since separation from active duty.  The applicant is to be commended for his efforts.  However, these accomplishments do not provide the Board a basis upon which to grant relief.  In view of the foregoing, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.  









      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 17 October 2007              
Location: Washington, D.C.

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.  The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a soldier.  The applicant, as a soldier, had the duty to support and abide by the Army's drug policies.  By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of service below that meriting a fully honorable discharge.  The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

Case report reviewed and verified by: Alejandro Champin, 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: 071019
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060013169

Applicant Name:  Mr.       
______________________________________________________________________


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