Applicant Name:

Application Receipt Date: 070807	

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: 010511
Discharge Received:     Date: 011114   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: HHC 2/8th Cav, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 010418, Wrongful use of cocaine (001124) and wrongful use of marijuana (001124), reduction to E-1, forfeiture of $521.00 pay per month for two months, 45 days restriction and 45 days extra duty, (FG).

991216, Failure to go at the time prescribed to his appointed place of duty (990929 and 991130), reduction to E-2 (suspended), forfeiture of $251.00 (suspended), 14 days restriction and 14 days extra duty, (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  1971/12  
HOR City, State: Oklahoma City, OK
Current ENL Date: 981116    Current ENL Term: 03 Years  ?????
Current ENL Service: 02 Yrs, 11Mos, 29Days ?????
Total Service:  02 Yrs, 11Mos, 29Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 11C10/Indirect Fire Infantryman    GT: 104   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: HSM, ASR

V.  Post-Discharge Activity
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 11 May 2001, 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 Field Grade Article 15 for wrongful use of marijuana and cocaine; reporting to work intoxicated and failure to report to his appointed place of duty on numerous occasions, with an under other than honorable conditions discharge.  He was advised of his rights.  On 1 June 2001, the applicant consulted with legal counsel and requested consideration of his case by an administrative separation board.  The applicant did not submit a statement on his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commanders reviewed the proposed discharge action and recommended approval with an under other than honorable conditions discharge.  On 4 October 2001, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 30 October 2001, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended that the applicant be separated from the service with a characterization of service of general, under honorable conditions.  On 7 November 2001, in a memorandum from the Staff Judge Advocate to the separation authority recommends that he approve the administrative board recommendation directing that the applicant be separated from active sevice and be issued a general, under honorable conditions discharge certificate.  The separation authorities approval of the recommendation of the administrative separation board and directing that the applicant be discharged with a characterization of service of general, under honorable conditions are not part of the available record and the analyst presumed Government Regularity in the discharge process.  On 13 November 2001, Orders 317-0234, DA, Headquarters III Corps and Fort Hood, Fort Hood, TX, discharged the applicant from active duty, effective date: 14 November 2001.

      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, however, a general 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, document, 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, however, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  In view of the forgoing, the analyst determined that the reason for discharge and the chaaracterization of service were both proper and equitable and recommands to ther 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 0    No change 5   - 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: 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: 31 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070010878
______________________________________________________________________


Page 6 of 6 pages