Applicant Name:  ?????

Application Receipt Date: 07/11/20	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 submitted by the applicant.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 040305
Discharge Received: 			   Date: 040413   Chapter: 14       AR: 635-200
Reason: Pattern of misconduct	   RE:     SPD: JKA   Unit/Location: Medical Company B, Tripler Army Medical Center, Tripler AMC, Hawaii 96859-5000. 

Time Lost: AWOL x 1, for 5 days from (031008-031012). Returned to his unit.

Article 15s (Charges/Dates/Punishment): 040203, Wrongfully used cocaine on or about (031201-031208), reduction to Specialist (E-4), forfeiture of $946.00, suspended, to be automatically remitted if not vacated on or before (040801), and extra duty for 45 days (FG). 

The suspension of the punishment of forfeiture of 946.00 pay imposed on (040203) was vacated, effective (040212) based on the applicant's offense, to wit: as a result of wrongful previous overindulgence in intoxicating liquor or drugs, incapacitated for the proper performance of his duties (040204).  

031215, AWOL, (031008-031013), dereliction of duty (031007), and with intent to deceive, signed an official record (DA Form 31), which was false (031008), reduction to Sergeant (E-5), suspended, to be automatically remitted if not vacated before (040613), forfeiture of $1,200.00 pay x 2 months, and extra duty for 45 days (FG) 

The suspension of the punishment of reduction to Sergeant (E-5) imposed on (031215) was vacated, effective (040116) based on the applicant's offense, to wit: wrongfully using cocaine between on or about (031201-031208).

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  26
Current ENL Date: Reenl/030110    Current ENL Term: 3 Years  ?????
Current ENL Service: 	1 Yrs, 2 Mos, 29 Days ?????
Total Service:  		10 Yrs, 1 Mos, 26Days ?????
Previous Discharges: 	ARNG 940223-940628/NA
                                       ADT    940629-950825/NA
                                       ARNG 950826-950627/NA
                                       ADT    950628-950824/Unchar
                                       ARNG 950825-961130/HD
                                       RA      961001-991208/HD
                                       RA      991209-030109/HD
                                       
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 91W10 Health Care Specialist/12B10 Combat Engineer   GT: 122   EDU: HS Grad   Overseas: Hawaii (000618-040413)   Combat: None
Decorations/Awards: ARCOM, AAM(3), GWOTSM, GCMDL(2), NDSM(2), KDSM, AFEM, NCOPDR(2), ASR, OSR(2), 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: See enclosed DD Form 293 submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 2 March 2004, 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, in that you wrongfully used cocaine, between on or about (031201-031208), AWOL from (031008-031013), derelict in the performance of your duties, with intent to deceive, sign an official record DA Form 31, which was false, failed to be at your appointed place of duty (040204) and as a result of wrongful previous overindulgence in intoxicating liquor or drugs, incapacitated for the proper performance of your duties; with an under other than 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 him receiving a characterization of service no less favorable than a general, under honorable conditions discharge 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 11 March 2004, 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, but a general discharge 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.  Furthermore, the analyst noted the applicant's issue; however, the US Army does not have, nor has it ever had, a policy to automatically upgrade discharges.  Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge.  Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable.  The Defense Discharge Review Standards specifically state that no factors should be established that requires automatic change or denial of a change in discharge.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  In view of the foregoing, 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: 26 September 2008         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  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.  

        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
								         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: NA
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070016731
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