Application Receipt Date: 060914	

Prior Review    Prior Review Date: None

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

Issues: Applicant states his discharge was inequitable because it was based on two isolated incidents in over eight years of service.  One incident involved a situation with a SGT and the other involved a failed urinalysis. He knew he would be reduced in rank and he did not want to be a PV1 in the Army with eight years time in service, so he asked for a voluntary separation.  He states at his Admin Board hearing, he requested to remain until his ETS date, which was the same month of his discharge, but he was denied. 

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: 980430
Discharge Received:     Date: 981113   
Chapter: 14-12c    AR: 635-200
Reason: Misconduct
RE:     SPD: JKQ
Unit/Location: C Btry, 2-15th FA, 10th Mtn Div, Fort Drum, NY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 971029, for pushing and striking a CPL in the face with his hand, disobeying a lawful order, disrespectful in language towards a CPL, and communicating a threat to a CPL (971002), reduced to E-3, $598 x 2, 45 days extra duty and 45 days restriction (suspended) (FG).

980209, wrongful use of marijuana (971112-971212), reduced to E-1, $463 (suspended) 45 days restriction (suspended) (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  691106  
Current ENL Date: 970113    Current ENL Term: 2 Years  ?????
Current ENL Service: 1 Yrs, 11Mos, 1Days ?????
Total Service:  8 Yrs, 8Mos, 7Days ?????
Previous Discharges: RA 900207-930907/HD
                                      RA 930908-970112/HD
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 13B10/Cannon Crewmember   GT: 87   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: AAM-3, AGCM, NDSM, ASR, OSR-2 
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 30 April 1998, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4-12c, AR 635-200, by reason of misconduct—(wrongful use of marijuana between 12 November-12 December 1997, for which he received a Field Grade Art 15 on 9 February 1998; and assault, disobeying a lawful order, disrespect, and communicating a threat toward an NCO, for which he received a Field Grad Art 15 on 29 October 1997), 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 on 6 May 1998 he submitted a conditional waiver of his case contingent on him receiving a characterization of service no less favorable than honorable.  The chain of command recommended that the conditional waiver be disapproved and that he receive a general discharge.  On 24 August 1998, his conditional waiver request was disapproved and he was referred to  appear before an Administration Separation Board.  The Board convened on 13 October 1998 and recommended that the applicant be separated from the service with a general discharge.  The chain of commander subsequently recommended approval of the separation action with a general discharge.  On 30 October 1998, 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 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.  Therefore, the analyst determined that 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: 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 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: Esmeralda Proctor, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: NA
Other: NA
RE Code: NA 
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
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060013477

Applicant Name:  Mr.        
______________________________________________________________________


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