Applicant Name: ?????

Application Receipt Date: 070802	

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: 040505
Discharge Received:     Date: 040727   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKQ
Unit/Location: 73rd Trans Co, Fort Eustis, VA 23604 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040331, wrongfully used marijuana between (031130-031230) and wrongfully used cocaine between (040202-040204), reduction to E-1, forfeiture of $596 x 2, 45 days extra duty and 45 days restriction (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  8002  
HOR City, State: St. Anne, IL
Current ENL Date: NIF    Current ENL Term: NIF Years  The analyst noted from the applicant's Enlisted Record Brief (ERB) it appears that he enlisted for two years extending his ETS date to (050114). 
Current ENL Service: 04  Yrs, 08 Mos, 19 Days ?????
Total Service:  04  Yrs, 08 Mos, 19 Days ?????
Previous Discharges: RA-110909-031108/HD
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 88L10 Watercraft Engineer   GT: 123   EDU: GED Cert   Overseas: Southwest  Asia/Kuwait (010228-010815)   Combat: None
Decorations/Awards: AAM, NDSM, GWOTEM, GWOTSM, ASR

V.  Post-Discharge Activity
Post Service Accomplishments: The applicant submitted documentation which shows he completed the Virginia Alcohol/Safety Action Program which consisted of risk education and counseling. 

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 5 May 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 for testing positive for marijuana (031230), tested positive for cocaine (040204), charged with driving under the influence, obstruction of justice, and disregarding a posted stop sign (040321), with an under other than honorable conditions discharge.  He was advised of his rights.  On 6 May 2004, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions, 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 24 May 2004, the separation authority referred the applicant's case to the standing 7th Transportation Group administrative separation board and this proceeding should be conducted as expeditiously as possible.  On 8 June 2004, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 12 July, again 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 submitted a statement in his own behalf.  The separation authority's documentation waiving further rehabilitative efforts and directing that the applicant be discharged with a characterization of service of under other than honorable conditions is not part of the available record and the analyst presumed Government regularity in the discharge process.  On 21 July 2004, U.S. Army Transportation Center, Fort Eustis, VA, Orders 203-0011,discharged the applicant from the Regular Army, effective date:  27 July 2004.
      The applicant's record contains a General Officer Memorandum of Reprimand dated 26 March 2004, for drunk driving.
      
      The applicant's record contains a Military Police Desk Blotter dated 21 March 2004.

      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 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 and and noted the many accomplishments outlined in his application and in the documents with his application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments and supporting statements on his behalf did not overcome the reason for discharge and characterization of service granted.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  In view of the foregoing the analyst determined that the characterization of service and reason for discharge were both proper and equitable, and recommends to the Board to deny relief. 
      
      
      
       
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 25 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: 28 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070010699
______________________________________________________________________


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