Applicant Name:  ?????

Application Receipt Date: 090106	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and supporting documentation 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: 021223
Discharge Received: 			   Date: 030129   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: HSB, 1st Btry,77th FA Bde, Ft. Sill, OK 

Time Lost: AWOL x 2 for total of 14 days (021014-021016 & 020808-020822); surrendered to military authorities.

Article 15s (Charges/Dates/Punishment): 021023, AWOL (021014-021016); Forfeiture of $257.00, suspended, extra duty and restriction for 14 days (FG).

021002, Wrongful use of marijuana (020730-020829); Reduction to E1, extra duty and restriction for 30 days (FG).

020429, Wrongfully having sexual intercourse with a woman not his wife; Reduction to E3, forfeiture of $323.00, suspended, extra duty and restriction for 14 days (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 010228    Current ENL Term: 03 Years  ?????
Current ENL Service: 	01 Yrs, 10 Mos, 14 Days ?????
Total Service:  		02 Yrs, 04 Mos, 14Days ?????
Previous Discharges: 	USAR  990927-010829/HD  Concurrent service
                                       OADT  991102-000502/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 92A  Automated Log Spec   GT: 91   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  Madison, AL
Post Service Accomplishments: Applicant states he is currently enrolled in college, majoring in criminal justice.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 12 November 2002, 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 wrongful use of marijuana, AWOL, adultery, numerous failure to repair and disobeying lawful orders, with an under other than honorable conditions discharge.  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.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 14 January 2003, the separation authority approved the conditional waiver request, waived further rehabilitative efforts and directed that the Applicant be discharged with a characterization of service of general, under 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 the 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.    There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  The analyst determined that the Applicant’s discharge was appropriate because the quality of 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 the former Soldier’s 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.  Further, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the Applicant should contact a local office of the Department of Veterans Affairs for further assistance.  Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.
             Notwithstanding the propriety of the Applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the Applicant's DD Form 214, block 27, Reentry Code, RE-3.  In view of the foregoing, the analyst recommends to the Board that an administrative correction be made to block 27, to read, RE-4".

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 24 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 discharge was both proper and equitable and voted to deny relief.  

The Board directs an administrative correction be made to the Applicant's DD Form 214, block 27, to read, "RE4".

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

Case Number AR20090002416
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