Application Receipt Date: 070207

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: 060216
Discharge Received:     Date: 060314
Chapter: 14    AR: 635-200
Reason: Misconduct (Drug Abuse)
RE:     SPD: JKK
Unit/Location: 416th Transportation Company, 260th Quartermaster Battalion,
Hunter Army Airfield, GA  31409

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050326, Assaulted a SSG (050219),
disobeyed a lawful order from a SSG (050219), and wrongfully communicate a
threat to a SSG (050219), (Field Grade)

2nd Article 15, 051206, Wrongfully used marijuana on or about (051021 and
on or about 051031), (Field Grade)

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

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  800919
Current ENL Date: 040317    Current ENL Term: 4 Years       
Current ENL Service: 1 Yrs, 11 Mos, 28 Days      
Total Service:  1 Yrs, 11 Mos, 28 Days      
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes    No
MOS: 88M10 Motor Transport Operator   GT: 101   EDU: HS Grad   Overseas:
Southwest Asia   Combat: Iraq (041026-051004)
Decorations/Awards: NDSM, GWOTSM, ASR
V.  Post-Discharge Activity
Home of Record: Chicago, IL  60612
Current Address: 116 Woodbine Drive
Raeford NC 28376
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 13 February 2006, 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 (for disrespect toward an NCO and illegal use of
marijuana), with a general, under honorable conditions discharge.  He was
advised of his rights.  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 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 March 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.





















      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, the
discharge is improper.  The analyst noted that the unit commander used
“Board Procedures” when notifying the applicant that he was initiating
action to separate him under the provisions of Chapter 14, AR 635-200, by
reason of misconduct.  By using “Board Procedures” the authority for
approval of the applicant’s separation rested with the General Court-
Martial Convening Authority.  The evidence of record shows that someone
other than the General Court-Martial Convening Authority approved the
applicant’s discharge.  In view of the foregoing, the discharge was
improper.  Accordingly, full 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 is recommended to
the Board.  This action does not entail a change to the reentry eligibility
(RE) code; however, the Board can consider it.































VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing:                  Date: 10 September 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 5    No change 0   - 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
and is improper.  Accordingly, the Board voted to grant full relief in the
form of an upgrade of the characterization of service to fully honorable.
This action does not entail a change to the reentry eligibility (RE) code.























Case report reviewed and verified by: Mr. Ron Williams, 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: 21 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder