Applicant Name:  ?????

Application Receipt Date: 081020	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 and supporting documention 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: Undated
Discharge Received: 			   Date: 051213   Chapter: 14-12b    AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: E Co., 1/67th Armor, 2nd Bde, 4th Inf Div, Fort Hood, TX 

Time Lost: AWOL 23 days  (051109-051202), mode of return/circumstances of lost time not in the file.

Article 15s (Charges/Dates/Punishment): Record indicates the Applicant received a Field Grade Article 15 for a positive urinalysis test conducted on 17 November 2004 and was caught in possession of marijuana on 21 July 2004 (no further information in the file).  Record indicates the Applicant tested positive in February 2005 and received another Field Grade Article 15 (no further information in the file).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 030724    Current ENL Term: 04 Years  ?????
Current ENL Service: 	02 Yrs, 03 Mos, 26 Days ?????
Total Service:  		02 Yrs, 03 Mos, 26 Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 21B  Cbt Engr   GT: 118   EDU: HS Grad   Overseas: SWA   Combat: Iraq (dates not in file)
Decorations/Awards: AAM (2), NDSM, ASR, GWOTSM

V.  Post-Discharge Activity
City, State:  Omaha, NE
Post Service Accomplishments: Applicant provided college transcript documentation and 2 letters of recommendation.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 4 February 2005, 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, specifically, being caught in possession of marijuana on 21 July 2004 and then had a positive drug test on 17 November 2004, therefore receiving two Field Grade Article 15's, with an under other than honorable conditions discharge.  On 7 February 2005, the Applicant was advised of his rights, consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions and did not submit a statement in his own behalf.  On 11 March 2005, the separation authority disapproved the conditional waiver request.  Subsequently, the Applicant was notified to appear before an administrative board and was advised of his rights.  On 25 May 2005, the administrative board convened.  The Applicant appeared with counsel.  The board recommended that the Applicant be discharged with issuance of a character of service of under other than honorable conditions.  On 19 August 2005, the separation authority approved the recommendation of the separation board 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 all the Applicant’s available military records, and the issue and documents 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 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: 5 August 2009         Location: Washington, D.C.

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, and as a result it is inequitable.  The Board determined that the overall length and quality of the Applicant’s service, to include his combat service, mitigated the discrediting entries in his service record.  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 proper and equitable and voted not to change it. 






 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 3    No change 2
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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080016448
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