Applicant Name:  ?????

Application Receipt Date: 2008/03/04	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: 040115
Discharge Received: 			   Date: 040323   Chapter: 14       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location:  A Co, 1-8 IN Bn, Fort Carson, CO 

Time Lost: AWOL x 3 for 35 days (031031-031108), (031112-031118), and (031219-040107), mode of return unknown.

Article 15s (Charges/Dates/Punishment): 021210, wrongful use of marijuana between (020929-021029), forfeiture of $552 x 2 (suspended), extra duty for 45 days and restriction for 45 days (FG).

020416, wrongful use of marijuana between (020126-020226), reduction to E-1, forfeiture of $552 x 2 (suspended), extra duty for 45 days and restriction for 45 days (suspended) (FG).

Courts-Martial (Charges/Dates/Punishment): 040123, SCM, AWOL x 3 (031031-031108), (031112-031118), and (031219-040107), reduction to E-1, forfeiture of $767 x 1, and time served for confinement. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  25
Current ENL Date: 010103    Current ENL Term: 3 Years  It appears that the applicant's ETS (040102) was adjusted to make up the confinement period as result of his summary court martial; however, that period is not a part of the available record and the 35 days AWOL per AR 635-200. 
Current ENL Service: 	03 Yrs, 01Mos, 16Days ?????
Total Service:  		03 Yrs, 01Mos, 16Days Item 12c on the applicant's DD Form 214, net active service this period is incorrect, should read 03 Yrs, 01 Mos, 16 Days, to account for the 35 days of AWOL. 
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 130   EDU: GED Cert   Overseas: Southwest Asia   Combat: Iraq (030401-031006)
Decorations/Awards: NDSM, GWOTEM, ASR, OSR, CIB

V.  Post-Discharge Activity
City, State:  Overland Parks, KS
Post Service Accomplishments: None Listed




 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 15 January 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 testing positive for marijuana on three occasions (020226), (020822) and (021029) and AWOL x 3 (031031-031108), (031112-031118), and (031219-040107), 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, 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 27 January 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. 

       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 during the period of enlistment under review, the issues 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.  Furthermore, the analyst noted the applicant's issue; however, found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  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: 17 December 2008         Location: Washington, DC

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 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 AR20080003701
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