Applicant Name:  ?????

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

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states, "My only issue is the discharge i Received is hindering me from getting a decent job.  I served my country in Iraq and I do have some mental issues do to it.  But I am requesting an upgrade so to better my future.  I feel i should not be punished for the rest of my life for some poor decisions made in the past.  My infractions were due to drug use that has since been remedied.  So I am please requesting for an discharge upgrade to become a more productive citizen".

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: 061107
Discharge Received: 			   Date: 070326   Chapter: 14-12C      AR: 635-200
Reason: Misconduct - Serious Offense	   RE:     SPD: JKQ   Unit/Location: E Co, 1st BN 64th Armor, 3ID, Ft Stewart, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050526, wrongfully used marijuana, a controlled substance on or about (041016-041116), reduction to E1, forfeiture of $617 pay for 2 months, suspended to be automatically remitted if not vacated by 051122, extra duty for 45 days (FG).

Courts-Martial (Charges/Dates/Punishment): 060829, SCM, failed to go to appointed place of duty (060509 at 0630 and 0900), wrongfully use cocaine (060323 and on or about 060328) all counts guilty; forfeiture of $849 pay and restriction for 60 days. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 040226    Current ENL Term: 5 Years  24 weeks
Current ENL Service: 	03 Yrs, 01Mos, 01Days ?????
Total Service:  		03 Yrs, 01Mos, 01Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 63H10/ Tracked Vehicle Mech   GT: 105   EDU: HS Grad   Overseas: SWA   Combat: Kuwait/Iraq (050122-060110)
Decorations/Awards: AGCM, NDSM, ASR, CAB

V.  Post-Discharge Activity
City, State:  San Diego, CA
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 7 November 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12C, AR 635-200, by reason of misconduct—wrongfully used marijuana between (041015-041116),failed to follow orders on (060521), failed to report to PT formation (060509) and failed to report for work call on (060509), with a 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 in that he receive a general discharge under honorable conditions, and did not submit a statement in his own behalf.  The separation authority disapproved his conditional wavier for an administrative separation board on 18 January 2007.  The applicant voluntarily and unconditionally waived consideration of his case by an administrative separation board on 21 February 2007.  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 than honorable conditions discharge.  On 27 February 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 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.  The record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition (mental issues).  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: 6 May 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 based on the applicant’s length and quality of his service to include his combat service and as a result it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general under honorable conditions.  The Board determined that the reason for discharge was proper and equitable and voted not to change it.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 4    No change 1
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: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080011503
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