Applicant Name:  ?????

Application Receipt Date: 2008/05/30	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he is requesting an upgrade to honorable, so that he can obtain his Montgomery G.I. bill and attend college. He would also like to have his time spent in the military to count towards his retirement, if and when he does apply for federal jobs in the future. 

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: 041022
Discharge Received: 			   Date: 041110   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: D Company, US Army Garrison, Fort McPherson, GA 30330 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040923, Wrongfully used marijuana on or about (040603); forfeiture of $200.00 pay per month for 2 months, suspended, to be automatically remitted if not vacated before (050322); extra duty for 30 days (FG)

Article 15, 040120, Disrespectful toward a CPT (031106); and willfully damage military property of a value of less than $500.00, (031106); reduction to (E-1); suspended, to be automatically remitted if not vacated before (040718); extra duty for 30 days and restriction for 14 days, and an oral reprimand (FG)

The suspension of punishment of reduction to Private (E-1) imposed on (040120) was vacated, effective (040629), based on the applicant's offense of: dereliction of duty (040529), and failing to go to his appointed place of duty (040609)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 000817    Current ENL Term: 5 Years  ?????
Current ENL Service: 	4 Yrs, 2 Mos, 24 Days ?????
Total Service:  		4 Yrs, 11 Mos, 5 Days ?????
Previous Discharges: 	USAR 991206-000816/NA
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 31B10 Military Police   GT: 101   EDU: HS Grad   Overseas: Korea (020221-021015)   Combat: None
Decorations/Awards: GWOTSM, NDSM

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 12 October 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Paragraph 14-12c (2), AR 635-200, by reason of misconduct—commission of a serious offense; in that he wrongfully used marijuana on (040603); failed to go to his appointed place of duty (040609); sleeping while on shift duty (040529);disrespected a superior commissioned officer (031106); and damaged military property (031106), 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.  On 26 October 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 record contains a Military Police Report dated 25 November 2003, and a CID Report of Investigation dated 16 July 2004. 

       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 the entire applicant’s military records, and the issue 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 applicant'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.  Furthermore, the analyst noted the applicant's issue; however, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  Additionally, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  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: 6 March 2009         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 AR20080008797
______________________________________________________________________________


Page 1 of 3 pages