Application Receipt Date: 080414	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 submitted by the applicant.

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 050921
Discharge Received:     Date: 051018   
Chapter: 14    AR: 635-200
Reason: Misconduct, Abuse of Illegal Drugs
RE:     SPD: JKK
Unit/Location: B Btry, 4/5th ADA, Fort Hood, TX  

Time Lost: AWOL 55 days (050518-050519 and 050623-050814), surrendered.

Article 15s (Charges/Dates/Punishment): 031000, Missing movement (030916), reduction to E-3, 14 days extra duty, 14 days restriction (suspended), continuation page not found in the available records, (CG). 

040427, Wrongful use of cocaine between (040117 and 040217), reduction to E-2, forfeiture of $250.00 pay per month for one month, (FG).

050913, Wrongful use of cocaine between (050417 and 050517), AWOL (050518 -050520 and 050623 -050815), reduction to E-2, forfeiture of $646.00 pay per month for two months and 45 days extra duty, (FG).

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  680615  
Current ENL Date: 020725    Current ENL Term: 04 Years  ?????
Current ENL Service: 03 Yrs, 01Mos, 00Days ?????
Total Service:  05 Yrs, 09Mos, 15Days ?????
Previous Discharges: RA-991110-020724/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 14S10/Avenger Crewmember   GT: 91   EDU: HS Transcript   Overseas: Korea, Southwest Asia   Combat: Iraq (040308-050304)
Decorations/Awards: AAM-2, Air Force Achievement Medal, NDSM, KDSM, ASR, OSR, GWOTEM, GWOTSM, 
V.  Post-Discharge Activity
Home of Record: 
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 21 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 three Field Grade Article 15's for the wrongful use of cocaine and receiving another Company Grade Article 15 for missing movement, 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 October 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 during the period of enlistment under review and the issue he submitted, the analyst determined that the characterization of service is improper. There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  While the analyst does not condone the applicant’s misconduct, the evidence of record shows that the approving authority considered non-judicial punishment from a prior period of honorable service in characterizing the applicant’s discharge.  Consideration of such evidence is improper unless the applicant is granted a fully honorable characterization of service.  In view of the foregoing, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst found 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: 6 June 2008              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA




VIII.  Board Decision
The discharge was:			Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Equitable	 	Inequitable	

DRB voting record:  		      Change 5    No change 0   - Character
		 			      Change 0    No change 5   - Reason
					      (Board member names available upon request)

IX.  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 is improper.  Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to fully honorable.  However, the Board determined that the reason for discharge was proper and equitable and voted not to change it.



















Case report reviewed and verified by: Eric S. Moore, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: NA
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 9 June 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080005802

Applicant Name:  
______________________________________________________________________


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