Applicant Name:  

Application Receipt Date: 2007/09/04	

Prior Review    Prior Review Date: None	

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

Issues: “My discharge that I received was given to me after the date of my ETS (28 Oct 06).  I was then extended after I was out of the military & chaptered.  I completed my term of service.”

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: 060618
Discharge Received:     Date: 061120   
Chapter:  14-12c      AR: 635-200
Reason: Misconduct (Drug Abuse)
RE:     SPD: JKK
Unit/Location: HHC, 101st CAB, 101 ABN Div (AA), Fort Campbell, KY 

Time Lost: Military confinement for 15 days (060922-061006).

Article 15s (Charges/Dates/Punishment): 050305, at LSA Anaconda, IZ violated a lawful general order, to wit: General Order #1 by consuming an alcoholic beverage, reduced to E1, forfeiture of $617.00 x 2 mos, 45 days restriction, and 45 days extra duty. (FG).

Court-Martials (Charges/Dates/Punishment): 060922, SCM, dereliction of duty (060320), wrongful use of a controlled substance (060219-060320), wrongful distribution of a controlled substance (060219-060320). wrongful introduction of a controlled substance (060219-060320), confinement for 15 days, restriction for 15 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  8309  
HOR City, State: Gaithersburg, MD
Current ENL Date: 031023    Current ENL Term:   3   Years  Extension for 1 month pending legal action.  New ETS is 22 Nov 06.
Current ENL Service:   03   Yrs,   00 Mos,  13Days ?????
Total Service:     04   Yrs,   00  Mos,   08  Days ?????
Previous Discharges: 
USAR 021028-031022 NIF
RFAD 021116-030424 UNC
Highest Grade:   E3  
Performance Ratings Available: Yes    No 
MOS: 89B10  Ammunition Specialist   GT:   104   EDU: GED   Overseas: Korea   Combat: Iraq (050118-051228)
Decorations/Awards: ASR / NDSM / GWOTSM / OSRx2 / AAM /KDSM / ICM/ CAB

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 18 July 2006, 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 abuse of illegal drugs, by admitting in an interview with Criminal Investigation Division to wrongfully using, distributing, and introducing marijuana, a controlled substance between on or about 5 February 2006 and 20 March 2006, around the same time took niacin to produce a false negative on unit urinalysis, and received a Field Grade Article 15 (050305) for disobeying General Order #1 by consuming alcoholic beverages, with an under other that honorable conditions discharge.  He was advised of his rights.  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 contingent upon approval of his offer to plead guilty in a Summary Court Martial, 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 an under other than honorable conditions discharge.  On 7 November 2006, the separation authority approved the conditional waiver request, waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.
      The record contains a CID Report dates 8 June 2006.

      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, 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.  The analyst noted the applicant's issue however, the applicant's term of service was properly extended for a period of one (1) month pending legal action.  Furthermore, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Therefore, the analyst determined that the reason for discharge and the characterization of service 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: 17 July 2008              
Location: Washington D.C.

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    1      No change   4      - 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: 18 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070012342
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