Application Receipt Date: 070308

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached DD Form 293 and supporting documents.

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: 050311
Discharge Received:     Date: 060202
Chapter: 14    AR: 635-200
Reason: Misconduct (Drug Abuse)
RE:     SPD: JKK
Unit/Location: 458th Engineer Battalion, 443N 4th Street, Indiana, PA

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040706/Wrongful use of marijuana on
or between (031103 and 031203)/(Field Grade)

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

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  770604
Current ENL Date: 031116/OAD    Current ENL Term: 03 Years       
Current ENL Service: 02 Yrs, 02Mos, 17Days      
Total Service:  10 Yrs, 01Mos, 17Days      
Previous Discharges: USAR-951216-960710/NA
                                      ADT-960711-961112/UNC
                                      USAR-961113-980401/NA
                                      USARCG-980402-980622/NA
                                      USAR980623-000000/NA
                                      USARCG-000000-030219/NA
                                      USAR-030220-031029/NA
                                      USAR-031030-031115/(Current Service)
Highest Grade: E5
Performance Ratings Available: Yes    No
MOS: 88M10 (Motor Transportation Operator)   GT: 96   EDU: HS Grad
Overseas: Southwest Asia   Combat: Iraq (Period of service not found in
available record)
Decorations/Awards: ARCOM, ASR, Cerrtificate of Achievement
V.  Post-Discharge Activity
Home of Record: Indiana, PA
Current Address: 74 Gompers Ave
Apt 1
Indiana PA 15701
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 11 March 2005, 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 offenses (tested positive for the use of marijuana (THC) 3 December
2003 and 12 February 2005), 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, and did
not submit a statement in his own behalf.  On 11 March 2005, the applicant
requested consideration of his case by an Administrative Separation Board.
The unit commander subsequently recommended separation from the service and
waiver of further rehabilitative efforts with an under other than honorable
conditions discharge.  The intermediate and senior intermediate commander's
reviewed the proposed discharge action and recommended approval of the
separation action with an under other than honorable conditions discharge.
On 3 October 2005, the applicant was notified to appear before an
Involuntary Administrative Separation Board on 29 October 2005, and advised
of his rights.  On 11 October 2005, the applicant again consulted with
legal counsel and voluntarily waived consideration of his case by an
Administrative Separation Board, contingent upon receiving a
characterization of service no less favorable than a general, under
honorable conditions discharge.  On 15 October 2005, a memorandum from the
Command Judge Advocate stated that the applicants Commander, Battallion and
Brigade Commanders, did not oppose to the applicant's request.  On 16
October 2005, the separation authority accepted the applicant's conditional
waiver, waived further rehabilitative efforts and directed that the
applicant be discharged from the US Army Reserve with a characterization of
service of general, under honorable conditions.  On 9 January 2006, DA, US
Army Human Resources Command, St. Louis, MO 63132-5200, Orders D-01-690007,
discharged the applicant from the United States Army Reserve/Active Guard
Reserve, effective date:  2 February 2006.

      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 available military
records, documents, and the issues 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 Post Traumatic
Stress symptons and no evidence to support it has been submitted by the
applicant, that his discharge was the result of any medical condition.
Additionally, the analyst noted that item 27 (Reentry Code) on the
applicant's DD Form 214 reads "NA."  The  reentry eligibility code (RE)
specified by Army Regulations 635-5-1 for Soldiers being discharge by
reason of misconduct (drug abuse) requires a reentry eligibility code of
"4."  An RE code of “4” can not be waived and the applicant is no longer
eligible for reenlistment.  In view of the foregoing, the analyst
determined 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: 15 October 2007
Location: Washington, DC

Did the Applicant Testify?  Yes     No

Counsel: American Legion
                 ATTN: Mr. Lawrence Provost
                 1608 K Street NW
                 Washington, DC  20006

Witnesses/Observers: Ms. Kristine Atchison/Wife

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 3    No change 2   - 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 determined that the
characterization of service was too harsh, and as a result it is
inequitable.  The Board found that the applicant's length of service, to
include his combat service mitigated the discrediting entry in his service
record.  Accordingly, the Board voted to grant partial relief in the form
of an upgrade of the characterization of service to honorable.  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: Eric S. Moore, 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: 30 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder