Applicant Name:  ?????

Application Receipt Date: 080731	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant submitted no issues of inequity 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: 071211
Discharge Received: 			   Date: 080111   Chapter: 14-12c       AR: 635-200
Reason: Misconduct, (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: Co B, 96th Aviation Support Bn, 101st Airborne Div (Air Assault) Ft. Campbell, KY 

Time Lost: AWOLx2 (060406-060410; 070823-070827) total of 10 days mode of return not in file

Article 15s (Charges/Dates/Punishment): 060511 without authority, on or about 5 April 2006 absent yourself from your unit to wit Co B, 96th Aviation Support Bn, 101st Combat Aviation Bde, Contingency Operating Base Speicher, Iraq until 11 April 2006; reduction to E1; forfeiture of $636.00 pay for two months, suspended, 45 days extra duty and restriction and oral reprimand (FG).

Courts-Martial (Charges/Dates/Punishment): Summary Court-Martial 071031 Absent without leave on or about 23 August 2007 until 27 August 2007; wrongfully use marijuana between or about 20 March 2007 and 18 April 2007; wrongfully use marijuana between or about 23 April 2007 and 25 April 2007; wrongfully use marijuana between or about 7 May 2007 and 5 June 2007; reduction to E1; forfeiture of $867 of pay; hard labor without confinement for 45 days; and oral reprimand.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 020422    Current ENL Term: 6 Years  ?????
Current ENL Service: 	5 Yrs, 8Mos, 10Days ?????
Total Service:  		5 Yrs, 8Mos, 10Days ?????
Previous Discharges: 	USMC 001211-010201 UNC 
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 15H/ACFT Pneudraulics   GT: 99   EDU: GED   Overseas: SWA   Combat: Kuwait/Iraq (030228-040214) Iraq (050902-060822)
Decorations/Awards: ARCOM, NDSM, GWOTSM, ICM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Columbia, TN
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 11 December 2007, 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—for absence without leave from 5 April 2006 to 11 April 2006; positive urinalysis for marijuana on 18 April 2007, 25 April 2007 and 5 June 2007; and positive urinalysis for cocaine on 18 April 2007, 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 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 under other than honorable conditions discharge.  On 3 January 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 available applicant’s military records, and the issue submitted with the application, the analyst found several mitigating factors that would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions.  The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The analyst found that the length and quality of the applicant's service to include the former Soldier’s combat service mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  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: 090508         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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080012439
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