Applicant Name:   

Application Receipt Date: 090210	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 and 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: 061107
Discharge Received: 			   Date: 070327   Chapter: 14-12c       AR: 635-200
Reason: Misconduct, (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: A Co, 703rd Bde Sup Bn, 3rd IN Div, Ft. Stewart, GA 

Time Lost: AWOLx4 for a total of 305 days  (031224-040409), surrendered to military;  (040124-040712), (060926-060928), (061002-061028) mode of return not in file. (061107) Civilian Confinement, length of confinement NIF.

Article 15s (Charges/Dates/Punishment): 061107 without authority, absent yourself from your organization on 26 September 2006 and did remain so absent until 28 September 2006; without authority, absent yourself from your organization on 2 October 2006 and did remain so absent until 28 October 2006; on or about 17 August 2006 and 15 September 2006, wrongfully use marijuana; reduction to E-1, forfeiture of $636 of pay per month for two months; restriction and extra duty for 45 days (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 020626    Current ENL Term: 8 Years  ?????
Current ENL Service: 	4 Yrs, 2Mos, 13Days ?????
Total Service:  		4 Yrs, 2Mos, 13Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 88M10 Motor Transport Op   GT: 94   EDU: HS Grad   Overseas: Iraq   Combat: Iraq (Dates NIF; AAM awarded for dates of 050202-060115 in Iraq)
Decorations/Awards: AAM, NDSM, ASR, CAB

V.  Post-Discharge Activity
City, State:  Suffolk, VA
Post Service Accomplishments: Nothing provided by the Applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
             The evidence of record shows that on 7 November 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12c, AR 635-200, by reason of misconduct—commission of a serious offense, wrongfully using a controlled substance with an Under Other Than Honorable Conditions discharge.  He was advised of his rights.  On 7 November 2006, the applicant consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board, contingent upon his receiving a characterization of service of no less favorable than General, under Honorable Conditions.  The applicant submitted a statement on 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 with an Under Other Than Honorable Conditions discharge.  On 18 January 2007, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 15 February 2007, the administrative separation 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 14 March 2007, the separation authority approved the recommendation of the administrative separation board and directed that the applicant be discharged with a characterization of service of Under Other Than Honorable Conditions.
       
       A GOMOR dated 14 July 2006 for drunken driving and failure to maintain lane is in the applicant's file.

       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 carefully examining the applicant’s record of service during the period of enlistment under review and the issue and documents he submitted, the analyst determined that the discharge was both proper and equitable.  The analyst acknowledged the applicant's successful combat tour in Iraq. However, the record does not support the issue that the applicant suffers from Post Traumatic Stress Disorder and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.  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.  The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a Soldier.  The applicant, as a Soldier, had the duty to support and abide by the Army's drug policies.  By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of service below that meriting a fully honorable discharge.  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. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 091005         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, hearing his testimony 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, two tours in Iraq, 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 4    No change 1
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 AR20090006241
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