Applicant Name:  ?????

Application Receipt Date: 2008/07/18	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents 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: 080325
Discharge Received: 			   Date: 080506   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: 535th Engr Co, 479th Engr Bn, APO AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080225, at or near FOB Delta, Iraq, on or about 23 November 2007, through negligence, did discharge a M16 rifle in a clearing barrel; on 6 January 2008, at or near PB Kelsey, Iraq, did violate a lawful general regulation by hazing another Soldier and taping him to his bunk; on or about 17 September 2007, at or near Grafenwoehr, Germany, did break an imposed restriction; on or about 21 September 2007, at or near Grafenwoehr, Germany, did break an imposed restriction; forfeiture of $635.00 pay per month for two months and extra duty for 45 days. (FG)

070821, on or about 23 February 2007, at or near Grafenwoehr, Germany, did wrongfully brandish a knife with a blade longer than 3 inches in a manner likely to make reasonable persons fear for their safety; on or about 24 February 2007, at or near Grafenwoehr, Germany, did willfully disobey a lawful order not to comsume alcohol, not to wear civilian clothes, and not to leave post; on or about 2 April 2007, at or near Grafenwoehr, Germany, you were found drunk while on duty; on or about 3 May 2007, at or near Grafenwoehr, Germany, you were found drunk on duty; on or about 24 May 2007, at or near Grafenwoehr, Germany, did wrongfully use Oxcodone and Oxymorphone; on or about 13 August 2007, at or near Grafenwoehr, Germany, as a result of wrongful previous overindulgence in intoxicating liquor incapacitated for the proper performance of duty; reduction to Private (E-1), forfeiture of $650.00 pay per month for two months, suspended, to be automatically remitted if not vacated on or before 22 November 2007, extra duty for 45 days, and restriction to the limits of the Grafenwoehr and Vilseck post. (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: 060620    Current ENL Term: 3 Years  25 weeks
Current ENL Service: 	1 Yrs, 10Mos, 17Days ?????
Total Service:  		1 Yrs, 10Mos, 17Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 21E10/Heavy Construction Equipment Operator   GT: 115   EDU: HS GRAD   Overseas: Germany, Iraq   Combat: Iraq (dates not listed in file nor on DD Form 214)
Decorations/Awards: 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:
       The evidence of record shows that on 25 March 2008, 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 for having received two Field Grade Article 15's to include, negligent discharge of his assigned M-16 rifle, breaking restriction on two occasions, violation of a General Regulation, disobeying a superior commissioned officer, being drunk on duty on two separate occasions, and wrongful use of a controlled substance, with an under other than honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, conditionally waived his right to an administrative separation board for a discharge characterization not less favorable than general under honorable conditions, 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 an under other than honorable conditions discharge.  The separation authority disapproved the conditional waiver request and directed an Administrative Separation Board.  On 25 April 2008, the applicant unconditionally waived his right to appear before an Administrative Separation Board.  On 26 April 2008, 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 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 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 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.  Furthermore, the evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to these efforts. 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: 8 May 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.  However, the board discovered administrative errors in blocks #25, #26, #27 and #28 of the applicant's DD Form 214 which it voted to direct a correction to the form.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 2    No change 3
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: No Change
Other: Make administrative corrections to DD Form 214 as follows: block #25 AR 635-200, PARA 14-12c; block #26 JKQ; block #27 3; block #28 Misconduct (Serious Offense) 										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080011283
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