Applicant Name:  ?????

Application Receipt Date: 2008/09/24	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: 050218
Discharge Received: 			   Date: 050712   Chapter: 14       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: 2-27 IN Bn (Rear Det), Schofield Barracks, HI 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050119, disrespectful in language towards a SSG (041108), and wrongfully used marijuana between (041124-041223), forfeiture of $596 x 2, extra duty and restriction for 45 days (FG).

040908, wrongfully used marijuana between (040127-040227), reduction to E-2, reduction to E-1 (suspended), forfeiture of $596 x 2 (suspended), extra duty and restriction for 45 days (FG).

Date NIF, suspension of punishment of reduction to E-1, and forfeiture of $596 x 2 for new offense of AWOL from (041026-041101).  Furthermore, this document is not signed by the unit commander.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  27
Current ENL Date: 030410    Current ENL Term: 6 Years  ?????
Current ENL Service: 	02 Yrs, 03Mos, 03Days ?????
Total Service:  		02 Yrs, 03Mos, 03Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 104   EDU: 12 Years   Overseas: Hawaii/Southwest Asia   Combat: Afghanistan (040316-040604)
Decorations/Awards: PH, NDSM, ACM, GWOTSM, ASR, OSR, CIB 

V.  Post-Discharge Activity
City, State:  Burgaw, NC
Post Service Accomplishments: None Listed 






VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 18 February 2005, 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 for  wrongful use of marijuana x 2 between (040127-040227) and (041117-041216); wrongfully used D-methamphetamines and methamphetamines between (041210-041216); assaulted TK x 2 (041110) and (050128); communicated a threat towards TK (041110) and (050128); and broke restriction (050128), with an under other than honorable conditions discharge.  He was advised of his rights.  The applicant declined 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 senior intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 14 March 2005, 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's record contains three Military Police Reports, two dated 29 January 2005 and one dated 10 November 2004.
       
       Also, the record contains a CID Report of Investigation dated 14 June 2004.

       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, 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 all the applicant’s military records during the period of enlistment under review, the issues and documents he 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.  While, the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service is too harsh, and as a result it is inequitable.  The analyst found that the circumstances surrounding the discharge (i;e, the applicant served in Afghanistan and received several injuries while in combat), was awarded the Purple Heart, and the length of the applicant's service, mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends that the applicant’s characterization of service be partially 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.
       
       Furthermore, the analyst noted the applicant's issues that he was not aware of the negative effects of an under other than honorable conditions discharge, and that he was not informed by the chain of command of the type of discharge he was receiving; and his ablility to serve was impaired by martial and financial problems; however, the analyst 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 analyst determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  By his misconduct the applicant diminished the quality of his service below that meriting a fully honorable discharge.  
       
       
       
        

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 17 December 2008         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 too harsh, and as a result it is inequitable.  The Board determined that the length of the applicant’s service; to include his combat service, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant partial 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 AR20080015056
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