Application Receipt Date: 070406

Prior Review    Prior Review Date: Records/040811

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: 030307
Discharge Received:     Date: 030401
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKD
Unit/Location: Company C, 1/29th Infantry Regiment, Fort Benning, GA  31905


Time Lost: AWOL, for a total of 8 days from (030128-030205).  The applicant
returned to his unit.

Article 15s (Charges/Dates/Punishment): 030219, AWOL, (030128-030206),
(Company Grade)

2nd Article 15, 030108, Wrongfully used (THC) marijuana between on or about
(020922-021022), (Field Grade)

The suspension of the punishment of forfeiture of $764.00 for 2 months
imposed on (030108) was vacated, effective (030207) based on the
applicant's offense of of AWOL from (030128-030206).

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

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  820220
Current ENL Date: 000105    Current ENL Term: 4 Years       
Current ENL Service: 3 Yrs, 2 Mos, 18 Days      
Total Service:  3 Yrs, 2 Mos, 18 Days      
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No
MOS: 11B1P Infantryman   GT: 111   EDU: HS Grad   Overseas: None   Combat:
None
Decorations/Awards: NDSM, ASR
V.  Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: See DD Form 293

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 7 March 200310, 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 being AWOL, and illegal drug use), 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, 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
19 March 2003, 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.  Furthermore the
analyst noted the applicant’s issue with his application outlining his
successful accomplishments since separation from active duty.  The
applicant is to be commended for his efforts.  However, 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: 13 June 2007
Location: Atlanta, GA

Did the Applicant Testify?  Yes     No

Counsel: None

Witnesses/Observers: None

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 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 now inequitable.  The Board
found that the length of the applicant's service, and his post service
accomplishments, to include his combat service (he is serving in the Army
National Guard) mitigated the discrediting entries in his service record.
Accordingly, the Board voted to grant relief in the form of an upgrade of
the characterization of service to fully honorable.  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. Ron Williams, Examiner

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