Applicant Name:  ?????

Application Receipt Date: 2008/06/19	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant submitted no issues of equity or propriety to be considered by the board.

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: 070426
Discharge Received: 			   Date: 070522   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: HQ & HQ Company, 2nd Battalion, 4th Infantry Regiment, Fort Polk, LA 71459 

Time Lost: AWOL x 2 for 8 days (060705-060710); (070123-070126); apprehended; civilian confinement for 23 days (070129-070222); military confinement for 17 days (070223-070310). Total time lost 52 days. 

Article 15s (Charges/Dates/Punishment): 060807, AWOL (060705-060710); reduction to Private (E-1); forfeiture of $633.00 pay per month for 2 months; extra duty and restriction for 45 days (FG)

Courts-Martial (Charges/Dates/Punishment): 070310, Summary Court-Martial for wrongfully consuming alcohol in Kandahar, Afghanistan (060808); wrongfully possessing alcohol in Kandahar, Afghanistan (060808); AWOL (070123-070126); wrongfully used cocaine between (070109-070116); and escaped from custody of a person authorized to apprehend him (070126). He was sentenced to forfeiture of $867.00 pay per mont for one month and confinement for 30 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  28
Current ENL Date: 050826    Current ENL Term: 3 Years  17 Weeks/with a moral waiver approved on (050812)
Current ENL Service: 	1 Yrs, 6 Mos, 25 Days ?????
Total Service:  		1 Yrs, 6 Mos, 25 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 99   EDU: HS Grad   Overseas: Southwest Asia   Combat: Afghanistan (060308-061129)
Decorations/Awards: ARCOM, NDSM, AFGCMDL, HSM, ASR, OSR, CIB

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: See attached documents (2) submitted by the applicant with his DD Form 293.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 25 April 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct—commission of a serious offense; in that he was convicted by a Summary Court-Martial for several offenses (070310); violated a lawful general order by possessing and consuming alcohol while deployed to Afghanistan (060808); violated a lawful order by wrongfully leaving the limits of Fort Polk, LA (070123); AWOL (070123-070126); wrongfully used cocaine between (070109-070116); and escaped from the custody of a SGT, a person authorized to apprehend you (070126), with an under other than honorable conditions discharge.  He was advised of his rights.  On 26 April 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by administrative separation board and submitted a statement in 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 approval of the separation action with an under other than honorable conditions discharge.  On 28 February 2007, the applicant again consulted with legal counsel and unconditionally waived consideration of his case by an administrative separation board and understood that he gave the separation authority the full and complete authority and discretion on whether to separate him and on the type of characterization of service that he would receive, to include an under other than honorable conditions discharge.  On 28 February 2007, the applicant's defense counsel indicated in a memorandum that the applicant would prepare a letter  and other supporting documents to be included in his chapter action regarding his request for consideration towards a general, under honorable conditions discharge, and that the documents be considered during the consideration of his request for a general, under honorable conditions discharge.  On 9 May 2007, an e-mail from the Staff Judge Advocate, Chief, Criminal Law Division, indicated that the applicant would not be sending any additional submissions for the Commanding General to consider in determining the characterization of service pending in the applicant's Chapter 14-12c separation action.  On 16 May 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than 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 the entire applicant’s military records, and 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 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 general or 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 documents with his application outlining his successful accomplishments since separation from active duty.  The applicant is to be commended for his efforts.  However, these accomplishments do not provide the Board a basis upon which to grant relief.  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: 20 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 characterization of service was too harsh and as a result it is inequitable.  While the applicant's misconduct is not condoned, the Board found that the length and quality of the applicant's service, to include his combat service mitigated the discrediting entries in the service record.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it. 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 3    No change 2
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 AR20080009854
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