Applicant Name:  ?????

Application Receipt Date: 2008/12/19	Prior Review:     Prior Review Date: 070214, ADRB Records Review    

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 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: 020219
Discharge Received: 			   Date: 020628   Chapter: 14       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: HQ & A Company, 526th FSB, 101st Abn Div, Fort Campbell, KY 

Time Lost: AWOL X 2 for 88 days (020326-020331 and 020404-020625), mode of return unknown.  Confinement Civil Authorities 17 days (020111-020127) as a result of summary court-martial sentence.  Total time lost 105 days.

Article 15s (Charges/Dates/Punishment): 000626, Failed to go to his appointed place of duty X 3 (000111, 000420, and 000519), reduction to E3, forfeiture of $299.00, 14 days extra duty, and 14 days restriction, (CG).

Courts-Martial (Charges/Dates/Punishment): SCM, 020111, Failure to report X 2 (011203 and 011206), disobeyed an order from a noncommissioned officer X 2 (010628 and 011024), disrespectful in language toward a SSG (011024), and wrongful use of marijuana between on or about (010905 and 011024); reduction to PVT/E1 and confinement for 21 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 001228    Current ENL Term: 04 Years  ?????
Current ENL Service: 	01 Yrs, 02Mos, 15Days ?????
Total Service:  		05 Yrs, 06Mos, 04Days ?????
Previous Discharges: 	RA-960909-981115/HD
                                       RA-981116-001227/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 63B10/Light WVEH Mech   GT: 94   EDU: GED   Overseas: Alaska   Combat: None
Decorations/Awards: AAM, NDSM, ASR, OSR

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








VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 19 February 2002, 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 the wrongful use of marijuana, disrespect to superiors, and failure to report on several occasions, 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, 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 with an under other than honorable conditions discharge.  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 reviewed the discharge action and directed that the applicant be separated 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 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 and the issue he submitted, the analyst determined that the characterization of service is improper.  The analyst noted that the Government introduced into the discharge packet the results of a biochemical test that was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan.  This is limited use information as defined in Chapter 6, AR 600-85.  Use of this information mandates award of a fully honorable characterization of service.  Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst found that the reason for discharge and the reentry eligibility (RE) code were fully supported by the record and therefore, remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 20 April 2009         Location: Atlanta, GA

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: Yes 

Exhibits Submitted: The applicant submitted 13 pages of additional documents in support of his personal appearance hearing.









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 noted that the government introduced into the discharge packet the results of a biochemical test that was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan.  This is limited use information as defined in Chapter 6, AR 600-85.  Use of this information mandates award of a fully honorable discharge.  Accordingly, the Board voted to change the characterization of service to fully honorable.  However, the board determined that the reason for discharge and the reentry eligibility (RE) code were fully supported by the record and therefore, remains 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090001436
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