Applicant Name:  ?????

Application Receipt Date: 2008/06/04	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states that he would like an upgrade to find better employment.  He also wants to feel better about himself for the wrong he did several years ago.

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: 950817
Discharge Received: 			   Date: 951017   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: HHD, 10th Cbt Spt Hospital, Fort Carson, CO 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 950521, carnal knowledge (950308), wrongful use of marijuana (950307), wrongful use of cocaine (950317), failure to report x 7 between 950227-950310, leaving place of duty (950324), reduction to E-1 and 45 days of extra duty (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  26
Current ENL Date: 950214    Current ENL Term: 3 Years  ?????
Current ENL Service: 	00 Yrs, 08Mos, 03Days ?????
Total Service:  		06 Yrs, 02Mos, 02Days Includes Inactive Service
Previous Discharges: 	RA 930122-950214
                                       IADT 920317-920721/UNC
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 71G10/Patient Admin Spc   GT: 105   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  Colorado Springs, CO
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 17 August 1995, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12C, AR 635-200, by reason of misconduct—commission of a serious offense for wrongful use and unlawful possession of marijuana, for carnal knowledge, failures to report, disobeying a lawful order, and duty dereliction, with an under other than honorable conditions discharge.  He was advised of his rights.  On 17 August 1995, the applicant consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board, contingent upon his receiving a characterization of service of no less favorable than general under honorable.  The applicant did not submit a statement on his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commanders reviewed the proposed discharge action and recommended an under other than honorable conditions discharge.  On 28 September 1995, the applicant again consulted with his legal counsel and unconditionally waived his right to an administrative separation board and did not submit a statement in his own behalf.  On 5 October 1995, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with an under other than honorable conditions discharge.  He was to be reduced to the lowest enlisted rank. 
       
       The record contains a Bar to Reenlistment dated 5 July 1995. 

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  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, 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 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.  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: 11 March 2009         Location: Washington, D.C.

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 AR20080008843
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