Applicant Name: ?????

Application Receipt Date: 070713	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached documents submitted by the applicant.

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: 970929
Discharge Received:     Date: 972029   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKK
Unit/Location: HHB, 4-27 FA, APO AE 09034 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 970825, wrongful possession of psylocibin (970531), reduction to E-1, forfeiture of $450 x 2, extra duty for 45 days and restriction for 45 days (FG).

970604, larceny of AAFES property of a value of $100 or less (970510), reduction to E-3, forfeiture of $100 x 1 and extra duty for 14 days (CG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  7304  
HOR City, State: West Lafayette, IN
Current ENL Date: 951019    Current ENL Term: 4 Years  ?????
Current ENL Service: 02  Yrs, 00 Mos, 11Days ?????
Total Service:  04  Yrs, 07 Mos, 13 Days ?????
Previous Discharges: RA-930317-951018/HD
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 13F10 Fire Support Spec   GT: 102   EDU: GED Cert   Overseas: Germany   Combat: Haiti (940924-941112)
Decorations/Awards: AAM-2, AGCM, NDSM, AFEM, HSM, 

V.  Post-Discharge Activity
Post Service Accomplishments: The applicant stated that he has owned a local business for almost two years, Amped Concrete.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 29 September 1997, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-pattern of misconduct for receiving a Company Grade Article 15 for larceny (970604) and  a Field Grade Article 15 for wrongful possession of psylocibin (970825), received derogatory counselings for drug involvement; larceny, being outside the 50 mile radius, and this type of behavior is prejudicial to good order and discipline in the unit, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant waived 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 11 October 1997, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 
      
      The applicant's record contains a CID Report of Investigation dated 29 July 1997.

      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 issues and documents he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's characterization of service to fully honorable.  The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service is too harsh, and as a result it is now inequitable.  The analyst found that the overall length of the applicant's service; to include his combat service, and the time that has elapsed since his discharge, mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 18 July 2008              
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 2    No change 3   - 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 both proper and equitable and voted to deny relief.  





















 

								        
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: 23 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070009734
______________________________________________________________________


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