Application Receipt Date: 070105

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293.

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: 040831
Discharge Received:     Date: 041015
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKK
Unit/Location: HHC 2nd Bn 34th Armor Fort Riley KS 66442

Time Lost: Civilian Confinement-24 days (040803-040826), and AWOL-18 days
(030801-030818).  Mode of return to military control is not in file.  The
applicant had a total of 42 days lost time.

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

Court-Martials (Charges/Dates/Punishment): SCM-040803, conspiracy to
distribute cocaine, between on or about (031001-031022), AWOL, (030801-
030819), without authority go from his place of duty, (031120), and
attempted to fraudulently separate himself from the Army, by knowingly
presenting false documentation that he was married to a another man,
(030813. He was sentenced to confinement for 30 days and forfeiture of
$795.00 pay.

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  840412
Current ENL Date: 020708    Current ENL Term: 4 Years  item 12a on DD form
214, date entered active duty this period is incorrect, should read 020708,
see enlistment contract.
Current ENL Service: 02 Yrs, 01 Mos, 25 Days      
Total Service:  02 Yrs, 01 Mos, 25 Days      
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No
MOS: 11C1P Indirect Fire Infantryman   GT: 114   EDU: HS Letter   Overseas:
None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR
V.  Post-Discharge Activity
Home of Record: Peshtigo, WI
Current Address: N5447 State Highway 180
Marinette WI 54143
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 27 August 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
a serious offense ( fraudulently try to separate himself from the U.S. Army
by knowingly presenting false documentation stating he was married to
another man, when in fact he was not, (030813), conspiracy to distribute
cocaine, on or about (031001) and on or about (031022), AWOL, (030801-
030819), and without authority go from his appointed place of duty at the
multi purpose range complex barracks at building 2, (031120), with an under
other than 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 an  under other than honorable conditions discharge.
The senior intermediate commander reviewed the proposed discharge action
and recommended approval of the separation action with a general, under
honorable conditions discharge.  On 6 October 2004, the separation
authority waived further rehabilitative efforts and directed that the
applicant be discharged with a characterization of service of under other
than honorable conditions.  The applicant was to be reduced to the lowest
enlisted rank.
      The applicant has a CID Report of Investigation dated 12 March 2004 in
his Official Military Personnel File.

      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 during
the period of enlistment under review 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, at the time of discharge
the applicant was appropriately assigned a reentry eligibility (RE) code of
“4.”  An RE code of “4” can not be waived and the applicant is no longer
eligible for reenlistment.  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: 16 April 2007
Location: Chicago, IL

Did the Applicant Testify?  Yes     No

Counsel: Yes                                            Mr. Wayne Macejak
                                                                  American
Legion
                                                                  2122 W.
Taylor Street
                                                                  Chicago,
IL 60612

Witnesses/Observers: No

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 both proper and equitable and voted not to change it.





















Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner

X.  Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: None
Other: NA
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: 8 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder