Applicant Name:  ?????

Application Receipt Date: 080609	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documetns submitted by the applicant.

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: 070703
Discharge Received: 			   Date: 070808   Chapter: 14       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: A Co, 1/22 Inf, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070305, Wrongful use of marijuana between (061230 and 070119), reduction to E-1, forfeiture of $650.00 per month for two months, 45 days extra, and 45 days restriction, (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 040616    Current ENL Term: 03 Years  16 Weeks
Current ENL Service: 	03 Yrs, 01Mos, 23Days ?????
Total Service:  		03 Yrs, 01Mos, 23Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 89   EDU: GED   Overseas: Southwest Asia   Combat: Iraq (051204-061202)
Decorations/Awards: ARCOM, CIB, ICM, NDSM, GWOTSM, ASR

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 3 July 2007, 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 wrongful use of a controlled substance (marijuana), with a honorable discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did 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 31 July 2007, 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 applicant's record contains a General Officers Memorandum of Reprimand dated 1 March 2007 for driving an automobile while intoxicated. 
       
       Records show that on 9 February 2007, a Clinical Psychologist evaluated the applicant and determined that based on the applicant's positive urinalysis, and significant increase in alcohol use the applicant has the classic self-medication and destructive behavior often seen in Post-Traumatic Stress Disorder.

       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, 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 all the applicant’s military records during the period of enlistment under review, documents, and the issues he submitted the analyst recommends to the Board that the applicant’s characterization of service be upgraded to fully honorable.  This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the overall length and quality of the applicant's service to include his combat service, the recommendation of the unit commander for approval of the separation action with a honorable, and the circumstances surrounding the discharge, mitigated the discrediting entry in his service record.  Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst determined 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: 20 October 2008         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: Ms. Felicia Johnson (Mother) 

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, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh and as a result, it is inequitable.  The Board found that the overall length and quality of the applicant's service to include his combat service, mitigated the discrediting entry in his service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.  

Furthermore,the board noted the applicant's issue reference making a change to his term of duty on his DD Form 214, this issue does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records regarding this matter utilizing a DD Form 149, which can be obtained at a local military installation, from veteran assistance offices or online at http://actsonline.army.mil.


        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
								         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 AR20080009267
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