Applicant Name:  ?????

Application Receipt Date: 2008/03/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See the attached documents in addition to the applicants following statement: "I am requesting to up grade my Discharge from General (under Honorable Conditions) to Honorable, so that I may have better opportunties for my Family and I. I am currently married with 3 children, and I feel that I have matured alot since the military and I do so much regret my mistakes and miss the military. I am trying to have a career were I may be able to get back into helping or protecting people, and I wouldn't mind trying to join the Guard or Reserve and doing it right this time . While in the sevice an deployed I was an excellent soldier and leader I just made some bad mistakes and I'm hoping for a second chance, my goal is to try an be a State Police Officer in VA or TN. I am currently working for Florim Tile Company here in Clarksville TN and have been here for about 4 yrs. I have moved up in the company, but its just not what I want for a career, but before I can even really be serious about my career goals I have to try an get my discarge changed. I hope I can provide enough information and proof that I was an excellent soldier who made bad mistakes and an even better civilian who has been hard working, and mistake free. Thank you for your time and consideration Miles Anderson."

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: 041018
Discharge Received: 			   Date: 041116   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: 1/101st Fwd Spt Avn Bn, Ft Campbell, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040910, wrongfully use cocaine (040723-040726), make under oath a false statement (040825), reduction to E-4, $600 X 2, 45 days extra duty, oral reprimand (FG).

021022, wrongfully use marijuana (020807-020906), reduction to E-2, $619, 45 days extra duty (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: 031104    Current ENL Term: 02 Years  ?????
Current ENL Service: 	01 Yrs, 00Mos, 14Days ?????
Total Service:  		03 Yrs, 01 Mos, 13 Days ?????
Previous Discharges: 	RA 011004-031103/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 89B/Ammunition Specialist   GT: 102   EDU: HS   Overseas: None   Combat: Iraq (030228-040202)
Decorations/Awards: ARCOM, GCMDL, GWOTEM, GWOTSM, NDSM, ASR, OSR-2

V.  Post-Discharge Activity
City, State:  Clarksville, TN
Post Service Accomplishments: See DD 293 and attached documents.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 18 October 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  on 10 October 2002, you received a Field Grade Article 15, for wrongful use of marijuana, and on 26 July 2004, during another urinalysis you then tested positive for cocaine and received a second Field Grade Article 15 on 8 September 2004, 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 3 November 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.  The analyst further noted that the record indicates that the unit commander listed an offense that occurred in a previous period of honorable service and the record was annotated to reflect it.  Army regulation 635-200, Section II, 1-15(d) indicates that adverse information from a prior enlistment or period of military service will be used only when such information would have a direct and strong probative value in determining whether separation is appropriate. It further states in Section II, 3-5(2) that it will not be used to characterize the current enlistment or period of service from which the applicant is being separated, and the analyst presumed government regularity in that the unit commander did not use it, as the record was properly annotated to reflect the offense from the prior period of service in 2002.  

       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 issue and documents submitted with the application, 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 the former soldier’s service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By the misconduct, the applicant diminished the quality of 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.   The analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment.  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: 16 January 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 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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080004296
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