Applicant Name:  ?????

Application Receipt Date: 2008/08/12	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: 981023
Discharge Received: 			   Date: 990708   Chapter: 14       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: H Co, USAMEDAC, Fort Meade, MD 

Time Lost: Confinement/Civil Authorities for 335 days (980803-990708).  The dates were extracted from the DD Form 214, item 29 (time lost) during this period, however, the evidence of record shows that the applicant's summons to appear in court was dated (980412). 

Article 15s (Charges/Dates/Punishment): 941014, driving while impaired by alcohol (940722), forfeiture of $353, 14 days extra duty and restriction for 14 days (suspended), and an oral reprimand (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  28
Current ENL Date: 940816    Current ENL Term: 5 Years  ?????
Current ENL Service: 	03 Yrs, 11Mos, 18Days ?????
Total Service:  		13 Yrs, 07Mos, 24Days Item12c on the DD Form 214, net active service this period is incorrect, should read 13 Yrs, 07 Mos, 24 Days, to account for the period of civil confinement. 
Previous Discharges: 	USAR-831230-840716/NA
                                       RA-840717-880126/HD
                                       RA-880127-911027/HD
                                       RA-911028-940815/HD
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 91B10 Medical NCO/11B10 Infantryman   GT: 109   EDU: 14 Years   Overseas: Alaska/Germany   Combat: None
Decorations/Awards: MSM, ARCOM, AAM, AGCM-4, NDSM, NCOPDR-2, ASR, OSR-2

V.  Post-Discharge Activity
City, State:  Fayetteville, NC
Post Service Accomplishments: The applicant claims that he has been working as a Government contractor in Iraq.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 23 October 1998, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-5, AR 635-200, by reason of misconduct—conviction by civil court for unlawfully, knowingly and intentionally possess with the intent to distribute cocaine in the Eastern District Court of Virginia (980412); unlawfully and knowingly use and carry a firearm during and in relation to a drug trafficking crime in the Eastern District Court of Virginia (980412), with an under other than honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, voluntarily waived consideration of his case by an administrative separation board, contingent upon his receiving a characterization of service of no less favorable than honorable, and submitted a statement on 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 disapproval of the applicant's conditional waiver  with an  under other than honorable conditions discharge.  On 25 February 1999, the separation authority disapproved the applicant's conditional waiver and referred his case to an administrative separation board.   On 4 March 1999, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 19 April 1999,  the administrative separation board convened.  The applicant appeared before the board telephonically with counsel.  The board recommended that the applicant be discharged with issuance of a characterization of service of under other than honorable conditions.  On 17 June 1999, the separation authority directed that the applicant be discharged with a characterization of service of  under other than honorable conditions.  The applicant was to be reduced to the lowest enlisted rank.
       
       The applicant's record contains a CID Report of Investigation dated 1 May 1998.

       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 all the applicant’s military records during the period of enlistment under review, the issues and documents he submitted, the analyst found several mitigating factors that would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions.  While the applicant's misconduct is not condoned, the analyst found that the overall length and quality of the applicant's service, mitigated the discrediting entries in the service record.  Accordingly, the analyst recommends to the Board that partial relief be granted in the form of an upgrade of the  characterization of service to general, under honorable conditions.  This action entails a restoration of grade to SSG/E-6.
       
       Furthermore, by his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  Further, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment.  In view of the foregoing, the analyst determined that the reason for discharge, and the reentry eligibility (RE) code 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 April 2009         Location: Atlanta, GA

Did the Applicant Testify?  Yes     No  

Counsel: No

Witnesses/Observers: ????? 

Exhibits Submitted: The applicant submitted five additional pages of documents in support of his personal appearance hearing.



VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, 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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080012830
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