Applicant Name:  ?????

Application Receipt Date: 2008/01/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states that he needs an upgrade for benefit prospects.  Employment will be easier to obtain and will make his family proud.  He really needs this upgrade and acknowledges that he did wrong but he has learned from it.  He encloses a copy of a letter that indicates he completed a drug abuse prevention program.

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: 070813
Discharge Received: 			   Date: 070928   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: C Troop, 2-9 Cavalry, Fort Carson, CO 

Time Lost: 1 day, AWOL (070117), surrendered

Article 15s (Charges/Dates/Punishment): 070221, wrongful use of marijuana (061218-070117), forfeiture of $650 x 2, 45 days extra duty and restriction (FG)

070130, disobeyed a lawful order from a commissioned officer (070112), failure to report x 2 (070116 and 070117), reduction to E-1 (suspended), forfeiture of $303 (suspended), 14 days extra duty and restriction (CG)

070301, suspended sentence of reduction to E-1 and forfeiture of $303 was vacated for wrongful use of marijuana (061218-070117)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 050915    Current ENL Term: 3 Years  ?????
Current ENL Service: 	02 Yrs, 00Mos, 13Days ?????
Total Service:  		02 Yrs, 00Mos, 13Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 19D10/Cavalry Scout   GT: 91   EDU: GED   Overseas: SWA   Combat: Iraq (060513-061124)
Decorations/Awards: ARCOM, NDSM, GWOTSM, ICM, ASR, CAB

V.  Post-Discharge Activity
City, State:  Hazelwood, MO
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 13 August 2007, 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 on two occasions (070117 and 070521), and for failure to report (070424), 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, unconditionally waived his right to 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 commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 24 September 2007, 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 record contains a Military Police Report dated 20 May 2007.

       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 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 length and quality of the applicant's service to include his combat service in Iraq mitigated the discrediting entries in his service record.  The analyst noted that the applicant earned a Combat Action Badge during his deployment to Iraq and a Army Commendation Medal as a Private First Class during his term of service.  In view of the foregoing, the analyst recommends that the applicant’s characterization of service be 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
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 7 November 2008         Location: Washington, D.C.

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 was too harsh based on the applicant’s length and quality of service to include his combat service and as a result it is inequitable. The Board noted that the applicant earned a Combat Action Badge and an ARCOM during his term of service.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  The Board determined that the reason for discharge was proper and equitable and voted not to change it.  

        
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: NA
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080001224
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