Applicant Name:  ?????

Application Receipt Date: 2008/02/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents 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: 060811
Discharge Received: 			   Date: 061025   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (drug abuse)	   RE:     SPD: JKK   Unit/Location: 703d BSB, 4BCT, Ft Stewart, GA 

Time Lost: AWOL, 2 days, (060424-060426), mode of return unknown

Article 15s (Charges/Dates/Punishment): 060510, AWOL, (060424-060426), reduction to E1, $636 X2, 45 days of extra duty. (FG)

060606, wrongful use of marijuana (060416-060515), forfeiture of $636 X 2, 45 days extra duty, 45 days restriction (suspended), (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: 050813    Current ENL Term: 04 Years  ?????
Current ENL Service: 	01 Yrs, 02 Mos, 24 Days ?????
Total Service:  		04 Yrs, 04 Mos, 04 Days ?????
Previous Discharges: 	020708-050812/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92F/Petroleum Supply Spc   GT: 96   EDU: HS   Overseas: None   Combat: Iraq x 2 (030317-030801 and 050129-060116)
Decorations/Awards: ICM, CAB, ARCOM X 2, AAM, GCMDL, NDSM, AFEM, GWOTEM, GWOTSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Decatur, GA
Post Service Accomplishments: None provided

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 11 August 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—you tested positive for the use of an illegal drug, marijuana, a controlled substance, during a 100% urinalysis on 15 May 2006, with an under other than honorable conditions discharge.  He was advised of his rights.  On 16 August 2006 the applicant consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board, contingent upon his receiving a characterization of service of no less favorable than general, under honorable conditions.  The applicant did not submit a statement on 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 with an under other than honorable conditions discharge.  On 25 September 2006, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 13 October 2006, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended that the applicant be discharged with issuance of a character of service of under other than honorable conditions.  On 25 October 2006, the separation authority approved the recommendation of the administrative separation board and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.
       
       The record contains a GOMOR dated 20 March 2006.

       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 and documents 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.  Therefore, 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 November 2008         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: None

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 his service to include his two combat tours of service and as a result it is inequitable.  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 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: No Change
Other: No Change										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080002303
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