Applicant Name: ?????

Application Receipt Date: 071012	

Prior Review    Prior Review Date: None

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

Issues: The Applicant in fact states:  "I would like to apply to change my discharge from “General – Under Honorable Conditions” to “Honorable”. I am making this request so that I may possibly receive the benefits I lost (GI Bill) when I was chaptered out, along with having the Honorable tag over my head rather than the other. I have been out of the service for going on six years. After only one month of getting out, I have been steadily employed by the Department of Defense as a contractor within the Aviation Community working on changing paper Technical Manuals into Interactive Electronic Technical Manuals for the CH and MH-47 model Chinooks. I have kept a clean personal/professional record, and everything I have been apart of has been noticed by some higher authority up the chain. By having my discharge changed I would benefit greatly by being able to get back into school and further my education into the Aviation field, along with help in raising my new family and securing my spot within the work force of today with the stiff competition that is out there."

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: 011121
Discharge Received:     Date: 011204   
Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct
RE:     SPD: JKK
Unit/Location: CoA, 8th Bn 101st Aviation Rgt, 101st Airborne Div, Ft. Campbell, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 010725, disobeying a lawful order from a superior commissioned officer (010411), wrongful use and possession of marijuana (030313-010411), reduction to E-1, forfeiture of $482 per month for two months; restriction and extra duty for 45 days (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  7808  
HOR City, State: Bokeelia, FL
Current ENL Date: 960709    Current ENL Term: 6 Years  ?????
Current ENL Service: 5 Yrs, 4Mos, 26Days ?????
Total Service:  5 Yrs, 4Mos, 26Days ?????
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 67U10 CH-47 Repairer   GT: 104   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: AAM-2, AGCM,  ASR, OSR,

V.  Post-Discharge Activity
Post Service Accomplishments: Employed steadily as a contractor for the Department of Defense.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 14 November 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—for wrongful use of marijuana and for failure to obey a no contact order from his superior commissioned officers, with a general under honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action 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 a general under honorable conditions discharge.  On 26 November 2001, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable conditions.

      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, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a soldier.  The applicant, as a soldier, had the duty to support and abide by the Army's drug policies.  By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of service below that meriting a fully honorable discharge.  Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.  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, 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.  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: 22 August 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: 	       	Proper	 	Improper	
						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: 080822
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070014005
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