Applicant Name: ?????

Application Receipt Date: 2007/09/20	

Prior Review    Prior Review Date: None

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

Issues: The Applicant states that his discharge was caused by his young age and inmaturity.  He was 18 years old when he joined the Army and was not ready to be a soldier.  He was very lazy and didn't care where his life was headed, now he is paying for it.  He states that he would like to join the ARNG and redeem himself and give back to his country, family, and friends.  He has grown a lot and is now ready to start over and make a great and fulfilling career with the Army.  Further he states that this was the first and last time he has been involved with drugs.  He is a combat veteran from Iraq who served his country.  He provides 14 letters to support his request for an upgrade for the Board's consideration. 

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: NIF
Discharge Received:     Date: 041028   
Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct
RE:     SPD: JKK
Unit/Location: Svc Btry, 1-17 FA Bn, Fort Sill, OK 

Time Lost: 15 days, AWOL (040427-040510)

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  8311  
HOR City, State: Bronx, NY
Current ENL Date: 030103    Current ENL Term: 4 Years  ?????
Current ENL Service: 01 Yrs, 09Mos, 26Days ?????
Total Service:  01 Yrs, 09Mos, 26Days ?????
Previous Discharges: None
Highest Grade: E-1
Performance Ratings Available: Yes    No 
MOS: 63J10/QM Equipment Repairer    GT: NIF   EDU: GED   Overseas: SWA   Combat: Iraq (030912-040405)
Decorations/Awards: NDSM, ASR, GWOTSM, GWOTEM

V.  Post-Discharge Activity
Post Service Accomplishments: Has been working with the Job Corps Academy and will soon start to work as an aide.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 21 October 2004, Orders 295-0119, DA, HQ, US Army Field Artillery Center, Fort Sill, Oklahoma, discharged the applicant from the Regular Army, effective date: 28 October 2004.  The record contains a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty).  His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c(2) by reason of misconduct, with a characterization of service of under other than honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct-drug abuse).  The specific facts and circumstances leading to the applicant’s discharge are not contained in the available records.  

      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 several mitigating factors that would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions.  The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The analyst found that the length of the applicant's service to include his combat service and his post service accomplishments with the Job Corps mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  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, 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 4    No change 1   - 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 characterization of service was too harsh based on the applicant’s length of service to include his combat service and his post service accomplishments as a result it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  The Board determined that the reason for discharge was proper and equitable and voted not to change it.



















								        
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 AR20070013001
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