Application Receipt Date: 070223

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached document.

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: 060425
Discharge Received:     Date: 060531
Chapter: 14    AR: 635-200
Reason: Misconduct, (Serious Offense)
RE:     SPD: JKQ
Unit/Location: HHC 1st Battalion, 508th Infantry Battalion (Rear), APO AE
09630

Time Lost: Confinement Military Authority-25 days, from (060427-060521), as
a result of his summary court-martial.

Article 15s (Charges/Dates/Punishment): 060315-Found drunk on duty as a
Soldier, (060326), (Field Grade).

060111-With intent to deceive, made a false official statement, x 2,
(051225), (Company Grade).

040909-Disrespectful in deportment toward a SGT, (040820), and violated a
lawful general order, by wrongfully having a blood alcohol level of .150
while on duty, (040820), (Company Grade).

Court-Martials (Charges/Dates/Punishment): Summary Court-Martial/060427-
wrongfully used cocaine x 2, between on or about (060207) and about
(060307); and  between on or about (060307) and about (060313), and
violated a lawful general order, by wrongfully having a blood alcohol level
of .147 while on duty, (060330).  The applicant was sentenced to 30 days
confinement.

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  850627
Current ENL Date: 040113    Current ENL Term: 3 Years       
Current ENL Service: 02  Yrs, 03 Mos, 23 Days      
Total Service:  02  Yrs, 03 Mos, 23 Days      
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No
MOS: 11B10 Infantryman   GT: 102   EDU: HS Grad    Overseas: Italy
Combat: Afghanistan (dates not in file)
Decorations/Awards: ACM
V.  Post-Discharge Activity
Home of Record: Lexington, NC 27292-7592
Current Address: 118 Village Lane
Lexington NC 27292
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 25 April 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 ( found drunk on duty as a Soldier, 9 March 2006; with
intent to deceive, made a false official statement, x 2, 12 December 2005
and 12 December 2005; disrespectful in deportment toward a SGT, 20 August
2004; violated a lawful general order, by wrongfully having a blood alcohol
level of .150 while on duty, 20 August 2004; wrongfully used cocaine x 2,
between on or about 7 February 2006 and about 7 March 2006; and  between on
or about 7 March 2006 and about 13 March 2006; and violated a lawful
general order, by wrongfully having a blood alcohol level of .147 while on
duty, 30 March 2006), 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,
voluntarily 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 and senior
commanders reviewed the proposed discharge action and recommended approval
of the separation action with an under other than honorable conditions
discharge.  On 23 May 2006, the separation authority waived further
rehabilitative efforts and directed that the applicant be discharged with a
characterization of service of an under other than 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 during
the period of enlistment under review, the issue and documents 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 record does not support the applicant’s contention that he suffers from
Severe Battle Stress Fatigue symptons and no evidence to support it has
been submitted by the applicant, and that his discharge was the result of
any medical condition.  Therefore, the analyst determined that the reason
for discharge and the characterization of service were both proper and
equitable.



















VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing:                  Date: 1 October 2007
Location: Washington, DC

Did the Applicant Testify?  Yes     No

Counsel: Mr. Joshua Green
                 The American Legion
                 1608 K Street N.W.
                  Washington, DC 20006

Witnesses/Observers: Mr. Larry Provost (American Legion)

Exhibits Submitted: No



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, hearing his testimony, and considering
the analyst’s recommendation and rationale, the Board does not condone the
applicant’s misconduct; however, determined that the characterization of
service was too harsh, and as a result it is inequitable.  The Board found
that the length of the applicant’s service; to include his combat service,
and the circumstances surrounding his discharge mitigated the discrediting
entries in his service record.  Accordingly, the Board voted to grant
partial relief in the form of an upgrade of the characterization of service
to general, under honorable conditions.  However, the Board determined that
the reason for 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:


CHRISTINE U. MARTINSON            DATE: 11 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder