Applicant Name: ?????

Application Receipt Date: 070925	

Prior Review    Prior Review Date: None

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

Issues: My discharge is improper becuase of the compelling circumstances for the isolated incidents around my discharge.

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: 060615
Discharge Received:     Date: 060912   
Chapter: 14-12b    AR: 635-200
Reason: Pattern of Misconduct 
RE:     SPD: JKA
Unit/Location: E Co, 3BCT, Fort Campbell, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060303, FTR X 3 (060221, 060315 and 060317),  and disobey a lawful not to store or consume alcohol X 2 (060315 and 060324), reduction to E-2, $714 X 2 (susp), 45 days extra duty and restriction (FG)

060510, wrongful use of cocaine (060314-060317) and wronful use of marijuana (060218-060317), reduction to E-1, $637 X 2, 45 days extra duty and restriction (FG) 

Court-Martials (Charges/Dates/Punishment): NA

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  8601  
HOR City, State: Baltimore, MD
Current ENL Date: 040607    Current ENL Term: 6 Years  ?????
Current ENL Service: 02 Yrs, 03Mos, 06Days ?????
Total Service:  02 Yrs, 03Mos, 06Days ?????
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes    No 
MOS: 25B Info Sys Opr-Analyst    GT: 113   EDU: HS Grad   Overseas: SWA    Combat: Iraq (050922-060205) 
Decorations/Awards: NDSM, GWOTSM, ICM, 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 15 June 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—pattern of misconduct for failure to report X 3 (060221, 060315, and 060317) violation of alcohol policy X 2 (060315 and 060324), wrongful use of cocaine (060314-060317) and marijuana (060218-060317) and possession of marijuana and drug paraphernalia 060411), with a under other than honorable conditions discharge.  He was advised of his rights.  On 26 June 2006 the applicant consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board, contingent upon his receiving a characterization of service of no less favorable than general under honorable conditions.  The applicant submitted a statement on 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 with a other than honorable conditions discharge.  On 18 July 2006, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 22 August 2006, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended that the applicant be discharged with issuance of a character of service of under other than honorable conditions.  On 07 September 2006, the separation authority approved the recommendation of the administrative separation board and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.
      
      The file contains a CID Report dated 060407.
      
      The file contains a MP Report dated 060411.
        

      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.  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: 080730              
Location: Washington DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: None 

Exhibits Submitted: None




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 5    No change 0   - 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, and as a result it is inequitable.  The Board determined that the overall length and circumstances surrounding the discharge, and his combat service, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  However, 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: 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: 080801
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070013357
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