Applicant Name:  ?????

Application Receipt Date: 2008/09/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149 and supporting 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: Undated
Discharge Received: 			   Date: 980603   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: HHD, 15th Finance Bn, Fort Hood, TX 

Time Lost: Total time lost 14 days, AWOL x 2 (971003-971013, 980101-980103), surrendered.

Article 15s (Charges/Dates/Punishment): 971027, AWOL (971003-971014), reduction to E-1, forfeiture of $210 (suspended), 14 days extra duty and restriction (CG)

980120, AWOL (980111-980104), false statement x 2 (980111 and 980103), forfeiture of $463 x 2 (suspended), 45 days restriction and extra duty, oral reprimand (FG)

980120, suspended sentence of forfeiture of $210 was vacated for false statement (971229)

980311, suspended sentence of forfeiture of $463 x 2 was vacated fro wrongful use of marijuana (971207)

Courts-Martial (Charges/Dates/Punishment): 980316, Summary Court Martial for wrongful use of marijuana (971207-980105), forfeiture of $617.39, confinement for 30 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 970220    Current ENL Term: 4 Years  ?????
Current ENL Service: 	01 Yrs, 03Mos, 00Days ?????
Total Service:  		01 Yrs, 03Mos, 00Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 71L10/Admin Spc   GT: 104   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  Hixson, TN
Post Service Accomplishments: The Applicant states that he has been to college, obtained two degrees and is a math teacher in high school, is master barber, and an AC/Refrigeration technician.  He is also a member of the PTA and has been the vice president for two years.




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct—for having received two Article 15s and a Summary Court Martial conviction (980316) for wrongful use of marijuana, with an under other than honorable conditions discharge.  He was advised of his rights.  On an undated document, the applicant waived his right to legal counsel, unconditionally waived consideration of his case by an Administrative Separation Board, 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 unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 18 May 1998, 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.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  It states that an honorable discharge is a separation with honor, and is appropriate when the quality of the Soldier’s service is so meritorious that any other characterization would be inappropriate.  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 the entire applicant’s military records, and the issue and documents 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 his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his misconduct, the applicant diminished the quality of service below that meriting a general or 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.  The analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined with the application and in the documents with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Additionally, the analyst noted that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service.  In view of the foregoing the analyst determined that the characterization of service and reason for discharge 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: 2009/03/09         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None 

Witnesses/Observers: None 

Exhibits Submitted: None

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 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: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080016734
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