Applicant Name:  ?????

Application Receipt Date: 090317	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: 050207
Discharge Received: 			   Date: 050401   Chapter: 14-12C       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: B Battery, 1st Bn, 12th Field Artillery, 17th Field Artillery Bde, Ft. Sill, OK 

Time Lost: None (ART 15 for AWOL 16-21 January 2003: counseling form stated AWOL 6-7 December 2004 dated 7 December 2004)

Article 15s (Charges/Dates/Punishment): 050201 failed to obey lawful regulation to wit Appendix B, USAFACFS Regulation 190-1 by wrongfully storing a firearm in the troop billets; wrongfully possessing marijuana; wrongfully using marijuana; and wrongfully using cocaine; reduction to E-1, forfeiture of $619 of pay for two months (suspended), restriction and extra duty for 45 days (FG).

030303 without authority, absent yourself from your organization on 16 January 2003 and did remain so absent until 21 January 2003; reduction to E-3; forfeiture of $356 of pay for one month (suspended); extra duty for 14 days (CG).


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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 041014    Current ENL Term: 4 Years  ?????
Current ENL Service: 	0 Yrs, 5Mos, 18Days ?????
Total Service:  		3 Yrs, 2Mos, 1Days ?????
Previous Discharges: 	Release from Active Duty Training 990823-991211/UNC 
                                       ARNG  990720-020131/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 13M10 MLRS Crewmember   GT: 89   EDU: GED   Overseas: None   Combat: None (On medical form DD Form 2697, claims back injury while in Iraq, no dates, no other documents stating Iraq service)
Decorations/Awards: NDSM, ASR, GWTSM

V.  Post-Discharge Activity
City, State:  Washington, DC
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 February 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12b and 12c, AR 635-200, by reason of misconduct commission of a serious offense for wrongfully storing a firearm in the barracks, wrongful use of marijuana, wrongful possession of marijuana, wrongful use of cocaine, failure to report, and counseled in the past for failure to report, public intoxication, hostile behavior towards a law enforcement officer, and unsatisfactory participation in ASAP, with an under other than honorable conditions discharge.  He was advised of his rights.  On 15 February 2005, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an Administrative Separation Board and submitted a statement in his own behalf.  On 15 February 2005, the applicant again consulted with legal counsel and voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge 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.  On 16 February 2005, the intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 8 March 2005, the separation authority disapproved the conditional waiver and referred the case to an Administrative Separation Board.  On 11 March 2005, the applicant consulted with legal counsel, was advised of the impact of the discharge action and waived consideration of his case by an Administrative Separation Board.  On 11 March 2005, the unit and intermediate commanders reviewed the unconditional waiver of an Administrative Separation Board and recommended approval. On 24 March 2005, the separation authority approved the unconditional waiver request, waived further rehabilitative efforts 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 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 the former Soldier’s 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 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,the analyst noted the applicant's issue; however 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.  The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  Therefore, the analyst determined that 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: 090928         Location: Washington DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: Yes 

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 based on the applicant’s length and quality of his service to include his combat service and as a result, it is inequitable.  Accordingly, the Board voted to grant relief by changing the characterization of service to general, under honorable conditions.  The Board determined that the reason for discharge was both 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090007014
______________________________________________________________________________


Page 1 of 3 pages