Applicant Name:  ?????

Application Receipt Date: 2008/03/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant submitted no issues of equity or propriety to be considered by the Board.

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: 050929
Discharge Received: 			   Date: 051006   Chapter: 14       AR: 635-200
Reason: Misconduct-Commission of a serious offense	   RE:     SPD: JKQ   Unit/Location: Alpha Battery, 1st Battalion, 6th Field Artillery, APO AE 09139 

Time Lost: AWOL for a total of 2 days from (050924-050926). The applicant reported in to the staff duty personnel.

Article 15s (Charges/Dates/Punishment): 050825, Failed to go to his appointed place of duty x 4, (050803), (050804), (050804), (050809), and wrongfully used marijuana between on or about (050606-050706), reduction to E-1, forfeiture of $617.00 pay per month for 2 months, restriction and extra duty for 45 days and a verbal reprimand (FG)

050720, Failed to go to his appointed place of duty x 5, (050519), (050519), (050525), (050623), (050701), reduction to E-3, suspended to be automatically remitted if not vacated by (051018), forfeiture of $416.00 pay, restriction and extra duty for 14 days (CG).

050809, The suspension of the punishment of reduction to E-3 imposed on (050720), was vacated based on the following offense of failing to go to his appointed place of duty (050728). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: Reenl/050629    Current ENL Term: 6 Years  ?????
Current ENL Service: 	0 Yrs, 3 Mos, 7 Days ?????
Total Service:  		3 Yrs, 4 Mos, 4 Days ?????
Previous Discharges: 	RA 020529-041215/HD
                                       RA 041216-050628/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 13D10 Field Artillery Automated Tactical Data Oper   GT: 104   EDU: HS Grad   Overseas: Germany (021216-051006)   Combat: None
Decorations/Awards: ARCOM, GCMDL (1), NDSM, GWOTSM, GWOTEM, ASR, OSR, 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None Listed 






VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 29 September 2005, 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 for receiving a Field Grade Article 15 for illegal drug use, with a general, under honorable conditions discharge.  He was advised of his rights.  On 29 September, the applicant acknowledged the notification letter and declined the opportunity and waived consultation with his legal counsel.  However, on 29 September 2005, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by 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 commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 29 September 2005, 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, 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, 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.  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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080003787
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