Application Receipt Date: 070427

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached 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: 040122
Discharge Received:     Date: 040319
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKK
Unit/Location: Headquarters and Headquarters Battery, 1st Battalion, 10th
Field Artillery, 3d Brigade, 3d Infantry Division (Mechanized), Fort
Benning, GA  31905

Time Lost: None

Article 15s (Charges/Dates/Punishment): 030908/Wrongfully used marijuana
between on or about (030803 and 030820)/(Field Grade)

Court-Martials (Charges/Dates/Punishment): 040122/Summary Court
Martial/Wrongful use of marijuana X 2, between on or about (030905 and
030924) and (031001 and 031014), wrongful possession of at lease .11 grams
of marijuana on or about (030924), and introduction of marijuana onto a
installation used by the Armed Forces on or about (030905).  He was
sentence to forfeiture of $796.00 per month for one month, and confinement
for 30 days.

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  801120
Current ENL Date: 020213    Current ENL Term: 03 Years       
Current ENL Service: 02 Yrs, 01Mos, 07Days      
Total Service:  04 Yrs, 01Mos, 29Days      
Previous Discharges: RA-000121-020212/HD
Highest Grade: E4
Performance Ratings Available: Yes    No
MOS: 92Y10 (Unit Supply Specialist)   GT: 100   EDU: HS Grad   Overseas:
Southwest Asia   Combat: Kuwait/Iraq (030104-030712)
Decorations/Awards: ARCOM, AFEM, ASR
V.  Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: The applicant states that from November 2004
to December 2006 he worked overseas in Iraq doing the same job he did in
the Army as a 92Y, and that he has learned how to function without the use
of drugs.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 22 January 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 (wrongful use of marijuana, wrongful possession of
marijuana, and wrongfully introduced illegal drugs onto a military
installation), with an under other then honorable conditions discharge.  He
was advised of his rights.  The applicant consulted with legal counsel, was
advised of the impact of the discharge action, unconditionally waived
consideration of his case by an administrative separation board per his
offer to plead guilty (pretrial agreement), dated 9 January 2004, and did
not submitted 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 intermediate
commander's reviewed the proposed discharge action and recommended approval
of the separation action with an under other than honorable conditions
discharge.  On 6 February 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 has a CID Report of Investigation dated 31 October 2003,
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, 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 or general
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.  In
view of the foregoing, 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: 5 November 2007
Location: Washington, DC

Did the Applicant Testify?  Yes     No

Counsel:      

Witnesses/Observers:      

Exhibits Submitted:      



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
     

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:      
Other:      
RE Code:
Grade Restoration:   No   Yes  Grade:      

XI.  Certification Signature and Date
Approval Authority:

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official:


CHRISTINE U. MARTINSON            DATE: 7 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder