Applicant Name:  ?????

Application Receipt Date: 2008/02/15	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I know and I understand that my discharge was lawful and just. But I beg for the board to reconsider. I served six great years with the Army. With two combat tours in Iraq. I volunteered for every mission, putting my life on the line for the better of this country and my family. I made a horrible decision which cost me my career. But now I want to make up for it in the civilian world. I want to attend college, but my request for the GI Bill was denied due to the nature of my discharge. I request to get an upgrade to recieve my GI Bill so I can go to school and better myself and my family for the future. I have every intention on attending college but in order to do so I need an upgrade. Thank you."

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: 060925
Discharge Received: 			   Date: 070117   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: EN Co, 1/64 AR BN, Ft Stewart, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060726, wrongful use of cocaine (060616-060621), reduction to E-4, $967 X 2 (suspended), 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:  21
Current ENL Date: 020528    Current ENL Term: NIF Years  ?????
Current ENL Service: 	04 Yrs, 07Mos, 20 Days ?????
Total Service:  		06 Yrs, 11Mos, 06Days ?????
Previous Discharges: 	IADT 000418-000815/UNC
                                       USAR 000816-020527/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 21B/Combat Engineer   GT: 108   EDU: HS   Overseas: None   Combat: Record indicates service in OIF I & OIF III 
Decorations/Awards: ARCOM, AGCM, PUC, NDSM, AFEM, GWOTSM, CAB, ASR

V.  Post-Discharge Activity
City, State:  Mishawaka, IN
Post Service Accomplishments: None Provided

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 25 September 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—serious offense for wrongful use of cocaine, with an under other than honorable conditions discharge.  He was advised of his rights.  On 23 October 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 unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  On 31 October 2006, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 16 November 2006, the administrative separation board convened.  The board recommended that the applicant be discharged with issuance of a character of service of an under other than honorable conditions discharge.  On 21 December 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 discharge 

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  It states that an honorable discharge is a separation with honor, and is appropriate when the quality of the Soldier’s service is so meritorious that any other characterization would be inappropriate.  Chapter 14 of this regulation 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 the entire applicant’s military records, 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 of the applicant's service to include the former soldier’s two tours of combat service mitigated the discrediting entries in his service record.  Accordingly, 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: 12 December 2008         Location: Washington, DC

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 tours of combat 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
X.  Board Action Directed					         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 AR20080002759
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