Applicant Name:  ?????

Application Receipt Date: 2008/07/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 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: 021029
Discharge Received: 			   Date: 021218   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: HQ & HQ Company, 10th Soldier Support Battalion, 10th Mountain Division (Light Infantry), Fort Drum, NY 13602 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 020927, Wrongfully used marijuana between on or about (020715-020815); forfeiture of $552.00 pay per month for two months; suspended to be automatically remitted if not vacated on or before (021225); extra duty and restriction for 45 days (FG) 

Article 15; 020719, Disobeying a lawful order from a SGT (020627); disrespecting a noncommissioned officer and using provoking gestures towards a noncommissioned officer (dates-NIF); reduction to Private (E-1), suspended, to be automatically remitted if not vacated on or before (021104); forfeiture of $250.00 pay per month for one month and extra duty for 14 days (FG) 

Article 15; 020326, Failed to go to his appointed place of duty (020227); disobeyed a lawful order from a SFC (020228); disrespectful in language toward a SFC (020228); reduction to Private (E-2); extra duty and restriction for 14 days (CG) 

The suspension of the punishment of reduction to Private (E-1) imposed on (020806) was vacated, effective (020918) based on the applicant's offense of wrongfully using marijuana between on or about (020715-020815).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 000215    Current ENL Term: 3 Years  ?????
Current ENL Service: 	2 Yrs, 10 Mos, 4 Days ?????
Total Service:  		2 Yrs, 10 Mos, 4 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92Y10 Unit Supply Specialist   GT: 93   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AAM, NDSM, 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 29 October 2002, 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 in that he received a Field Grade Article 15 on (020927) for wrongful use of marijuana; another Field Grade Article 15 on (020719) for disrespecting and disobeying two noncommissioned officers; using provoking gestures towards a noncommissioned officer, and received a Company Grade Article 15 on (020326) for failing to be at his appointed place of duty and disrespecting and disobeying a noncommissioned officer, and he had numerous failure to repairs and a physical altercation with another soldier, 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, voluntarily waived consideration of his case by an administrative separation board 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 a general, under honorable conditions discharge.  On 7 November 2002, the senior intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 12 December 2002, 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 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 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 analyst noted the applicant's issue and found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  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: 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 discharge was both proper and equitable and voted to deny relief. 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 1    No change 4
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 AR20080011954
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