Applicant Name:  ?????

Application Receipt Date: 2007/12/13	Prior Review:     Prior Review Date: 2007/12/12/Records Review

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "MY DISCHARGE SHOULD BE CHANGED BECAUSE I VOLUNTEER TO SERVE THIS NATION. I WAS A HARD WORKING SOILDER AND I MAY WANT TO RE ENLIST. I LIKED BEING IN THE ARMY I MISS BEING IN THE ARMY. AND I AM A WELL TRAINED SOILDER THAT IF THERE COMES A SITUATION AND I FEEL NEEDED I WANT TO BE IN GOOD STANDARDS AS MY CHARACTER.

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: 040722
Discharge Received: 			   Date: 041220   Chapter: 14       AR: 635-200
Reason: Misconduct-Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHT, 3-7, AR Cav Sqdn, Fort Stewart, GA 

Time Lost: AWOL for 393 days (020617-030714), mode of return unknown.

Article 15s (Charges/Dates/Punishment): 020614, wrongful use of marijuana between (020219-020318), reduction to E-1, forfeiture of $552 x 2, 45 days extra duty and restriction (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 000421    Current ENL Term: 4 Years  ?????
Current ENL Service: 	03 Yrs, 06Mos, 27Days ?????
Total Service:  		03 Yrs, 06Mos, 27Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 88M10 Motor Transport Operator   GT: 108   EDU: HS Grad   Overseas: Korea   Combat: The applicant's DD Frm 214 block 18 remarks, indicates he served in Operation Enduring Iraqi Freedom from (030321-030826), however, at the applicant's personal appearance hearing it was determined that he did not deploy to Iraq as annotated on the DD Form 214.  Further, the evidence of record shows that the applicant was in an AWOL status from (020617-030714),  during the period that is reflected as combat service.
Decorations/Awards: AAM, NDSM, GWOTEM, GWOTSM, KDSM, ASR, OSR, PUC-Army 

V.  Post-Discharge Activity
City, State:  Marietta, GA
Post Service Accomplishments: None listed






VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
             The evidence of record shows that on 22 July 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 for from AWOL (020617-030715), wrongful possession and use of marijuana x 2 (031224) and (020318), 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, 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 commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 18 November 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.
       
       The applicant's record contains a Military Police Blotter Extract dated 22 January 2004.
       
       The applicant's record contains a CID Report of Investigation dated 10 January 2004.

       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 during the period of enlistment under review, the issues and documents he submitted with his application, 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, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment.  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: 21 April 2009         Location: Atlanta, GA

Did the Applicant Testify?  Yes     No  

Counsel: No

Witnesses/Observers: No 

Exhibits Submitted: No




VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony 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
X.  Board Action Directed					         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: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070018995
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