Application Receipt Date: 080130	

Prior Review    Prior Review Date: None

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

Issues: See enclosed DD Form 293 and attached documents (4) submitted by the applicant.

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: 040604
Discharge Received:     Date: 041118   
Chapter: 14-12c    AR: 635-200
Reason: Misconduct
RE:     SPD: JKK
Unit/Location: C Company, 3rd Battalion, 75th Ranger Regiment, Fort Benning, GA 31905. 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Court-Martials (Charges/Dates/Punishment): 040902, Summary Court-Martial-for wrongfully using marijuana on or about (040403-040503). He was sentenced to reduction to Private (E-1) and confinement for thirty (30) days in the Harris County Jail.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  840728  
Current ENL Date: 030612    Current ENL Term: 4 Years  with a (DDE) Waiver.
Current ENL Service: 1 Yrs, 5 Mos, 7 Days ?????
Total Service:  1 Yrs, 5 Mos, 7 Days ?????
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes    No 
MOS: 11B1P Infantryman   GT: 124   EDU: HS Grad   Overseas: Southwest Asia   Combat: Afghanistan (031230-040404)
Decorations/Awards: GWOTSM, GWOTEM, PUC (AAF), ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address:  

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 4 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 in that you did on or between (040403-040503) failed a urinalysis, 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, voluntarily and unconditionally waived consideration of his case by an administrative separation board and submitted 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 an under other than honorable conditions discharge.  On 29 October 2004, the separation authority approved the waiver of an administrative separation board, 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. 

      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, documents and the issue he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's characterization of service to general, under honorable conditions.  There was a full consideration of all faithful and honorable service, as well as the infraction of discipline, the extent thereof, and the seriousness of the offense.  While the applicant's misconduct is not condoned, the analyst determined that the characterization of service was too harsh and as a result it is inequitable.  The analyst found that the applicant's failure to perform in accordance with Army standards was mitigated by service of sufficient merit to include his combat service, to warrant an upgrade of the discharge being reviewed.  Accordingly, the analyst recommends to the Board to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the analyst determined that the reason for discharge was both proper and equitable.       
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 8 September 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: 	       	Equitable	 	Inequitable	

DRB voting record:  		      Change 4    No change 1   - 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 does not condone the applicant's misconduct; however, it determined that the characterization of service was too harsh and as a result, it is inequitable.  The Board found that the applicant's combat service mitigated the discrediting entry in his service record.  Accordingly, the Board voted to grant 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 both proper and equitable and voted not to change it.  



















Case report reviewed and verified by: ?????, Examiner									        
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: 11 September 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080001887

Applicant Name:           
______________________________________________________________________


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