Applicant Name:  ?????

Application Receipt Date: 071129	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: 040614
Discharge Received: 			   Date: 040805   Chapter: 14       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: S Trp, 4-3rd ACR, Fort Carson, CO  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040510, wrongfully used marijuana between (030922-031021), reduction to E-3 (suspended), forfeiture of $793 x 1 (suspended) and extra duty for 45 days (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 021114    Current ENL Term: 04 Years  ?????
Current ENL Service: 	01 Yrs, 08Mos, 22Days ?????
Total Service:  		05 Yrs, 11Mos, 16Days Item 12c on the applicant's DD Form 214, net active service this period is incorrect, should read 05 Yrs, 11 Mos, 16 Days.
Previous Discharges: 	USMCR-961129-970625/NA
                                       ADT-970626-970820/HD
                                       USMCR-970821-001001/NA
                                       RA-00102-021113/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 15T10 UH-60 Helicopter Repairer   GT: 118   EDU: HS Grad   Overseas: Southwest Asia   Combat: Kuwait (030116-030309) and (040116-040118)/Iraq (030309-030703) and (040118-040327)
Decorations/Awards: ARCOM, AGCM, NDSM, GWOTEM, GWOTSM, ASR, OSB-2 

V.  Post-Discharge Activity
City, State:  Vonore, TN
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 14 June 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-commission of a serious offense/abuse of illegal drugs for testing positive for marijuana (031021), with an under other than honorable conditions discharge.  He was advised of his rights.  The applicant cousulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board, and did not submit a statement in his own behalf.  On 20 July 2004, the applicant again consulted with legal counsel,  was advised of the impact of the discharge action, and unconditionally waived consideration of his case by an administrative separation board, 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 and senior  commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 22 July 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.  The applicant was to be reduced to the lowest enlisted rank. 
       
       The applicant was promoted from "PFC" to "SGT" to attend Warrant Officer Flight Training effective 6 October 2000.  The applicant was reduced "SGT" to "PFC" effective 25 October 2000.  

       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 during the period of enlistment under review and the issues 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 overall length and quality of the applicant's service; to include his combat service (two combat tours) mitigated the discrediting entry in his service record.  Accordingly, the analyst recommends that the applicant’s characterization of service be partially 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.  This action entails a restoration of grade to PFC/E-3.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 10 October 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 characterization of service is too harsh and as a result it is inequitable.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.  This action entails a restoration of grade to PFC/E-3.  




        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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: No Change
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: PFC/E-3
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070017691
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