Applicant Name:  ?????

Application Receipt Date: 2008/09/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 and attached documents (3) 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: 070709
Discharge Received: 			   Date: 070816   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: 305th Quartermaster Company, 129th Combat Sustainment Support Battalion, Fort Campbell, KY 42223 

Time Lost: None

Article 15s (Charges/Dates/Punishment): The following information was taken from the the unit commanders memorandum for record dated (070503) 

Article 15, 061121, Failed to obey a lawful order; (CG)

Article 15, 060508, Failed to obey a lawful order and disrespect toward a noncommissioned officer; the reduction in rank was suspended for 90 days (CG) 

On (060801); the suspension was vacated as a result of the third Company Grade Article 15

Article 15, dated-NIF; Disrespected a noncommissioned officer (CG)

070426, Letter of reprimand-for driving while under the influence of alcohol (070401); (Administrative)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 040810    Current ENL Term: 5 Years  24 Weeks
Current ENL Service: 	3 Yrs, 0 Mos, 7 Days ?????
Total Service:  		3 Yrs, 0 Mos, 7 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92F10 Petroleum Supply Spec   GT: 116   EDU: HS Grad   Overseas: Korea, Southwest Asia   Combat: Iraq (050817-060804)
Decorations/Awards: AAM, NDSM, GWTSM, ICMDL, ASR, OSR, 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 9 July 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that he was pulled over on post by the military police and arrested for driving while under the influence of alcohol, unlawful possession of a firearm, reckless driving and criminal misconduct, 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 submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander's reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 8 August 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.  The applicant was to be reduced to the lowest enlisted rank. 
       
       The record contains a Military Police Report dated 1 April 2007.

       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, the supporting documents 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; however, did not find the said issue sufficiently mitigating to warrant an upgrade of the discharge under review.  
       
       Additionaly, the analyst found that someone in the discharge process erroneously enter on the applicant's DD Form 214, block 12, item c; net active service this period; the wrong years, months and days the applicant served on active duty; and block 26, separation (SPD) code and block 27, reentry (RE) eligibility code.  The analyst recommends to the Board that an administrative correction be made to the following blocks to reflect the net active service this period as follows: 3 Years, 0 months, 7 days, block 26 separation (SPD) code JKQ, and block 27 reentry (RE) eligibility code to "3."  Except for the foregoing modification to the applicant's DD Form 214, 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: 19 June 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 directs ARBA Support Division St. Louis to make an administrative correction to the following blocks on the applicant's DD Form 214; Block 12c; to reflect the net active service this period as follows: 3 Years, 0 months, 7 days, block 26 separation (SPD) code JKQ, and block 27 reentry (RE) eligibility code to "3."  Except for the foregoing modification to the applicant's DD Form 214, the Board determined that the reason for discharge and the characterization of service were both proper and equitable and voted to deny relief. 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
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: The Board directs ARBA Support Division St. Louis to make an administrative correction to the following blocks on the applicant's DD Form 214; Block 12c; to reflect the Net Active Service This Period as follows: 3 Years, 0 months, 7 days, block 26 Separation (SPD) Code "JKQ," and block 27 Reentry (RE) Eligibility code to "3."  										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080014679
______________________________________________________________________________


Page 1 of 3 pages