Applicant Name:  ?????

Application Receipt Date: 2008/09/16	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: 040720
Discharge Received: 			   Date: 040804   Chapter: 14-12b    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: HHC, 187th OD Bn, Fort Jackson, SC  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040629, assault on a SPC (040429), in order to prevent apprehension, assisted a SPC in fleeing the scene (040618), and wrongful use of cocaine and marijuana (040525); reduction to E-1, forfeiture of $597 x 2 (suspended), 45 days extra duty (FG).

 040609, wrongful use of marijuana between (040317-040416); reduction to E-3, forfeiture of $793 x 1, extra duty for 45 days (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 020906    Current ENL Term: 3 Years  ?????
Current ENL Service: 	01 Yrs, 10Mos, 29Days ?????
Total Service:  		07 Yrs, 00Mos, 04Days ?????
Previous Discharges: 	RA-970731-020905/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 42A10 Human Resources Spec   GT: 102   EDU: HS Grad   Overseas: Belgium   Combat: None
Decorations/Awards: AAM-2, AGCM, NDSM, GWOTSM, NCOPDR, ASR, OSR

V.  Post-Discharge Activity
City, State:  Macon, GA
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 20 July 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Paragraph 14-12b, AR 635-200, by reason of misconduct—pattern of misconduct/abuse of illegal drugs, with an under other than honorable conditions discharge.  He was advised of his rights.  The applicant waived 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 an under other than honorable conditions discharge.  The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization 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 all the applicant’s military records during the period of enlistment under review, the issue and the documents he submitted, the analyst determined that the characterization of service is improper.  The applicant was notified under Board Procedures, AR 635-200, the final decision for his characterization of service was to be made by the General Court Martial Convening Authority (GCMCA).  The record shows that the Special Court Martial Convening Authority (SPCMA) approved the applicant’s discharge with an under other than honorable conditions discharge.  Notwithstanding the propriety of the discharge, the analyst determined that in accordance with AR 635-200, Section III, paragraph 1-19c, the least favorable characterization of service that the SPCMA could have approved was a general, under honorable conditions.  Accordingly, the analyst recommends to the Board to grant relief in the form of an upgrade of the characterization of service 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: 2 July 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 is improper.  The applicant was notified under Board Procedures, AR 635-200, the final decision for his characterization of service was to be made by the General Court Martial Convening Authority (GCMCA).  The record shows that the Special Court Martial Convening Authority (SPCMA) approved the applicant’s discharge with an under other than honorable conditions discharge.  Notwithstanding the propriety of the discharge, the Board determined that in accordance with AR 635-200, Section III, paragraph 1-19c, the least favorable characterization of service that the SPCMA could have approved was a general, under honorable conditions.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it. 





 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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 AR20080014634
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