Applicant Name:  ?????

Application Receipt Date: 2009/05/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See 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: 080201
Discharge Received: 			   Date: 080415   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: 25th Transportation Company, 524th Combat Sustainment Support Battalion, Schofield Barracks, HI 

Time Lost: The applicant has a period of lost time from (080212-080218) for 7 days reflected on his DD Form 214 block 29; however, that period of lost time was not deducted form the net active service this period on the DD Form 214,block 12c.

Article 15s (Charges/Dates/Punishment): 071106, Failed to go to his appointed place of duty x 2, on or about 071015; and on or about 071012; 14 days of extra duty and 18 days of restriction (Summarized)

Article 15; 080107, Wrongfully used marijuana between on or about 071014-071114; failed to go to his appointed place of duty on or about 071118; wrongfully used marijuana between on or about 071015-071114; broke restriction on or about 071107; reduction to Private (E-1); forfeiture of $650.00 pay per month for two months; suspended, to be automatically remitted if not vacated before 080221, 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: 050922    Current ENL Term: 3 Years  20 Weeks
Current ENL Service: 	2 Yrs, 6 Mos, 17 Days ?????
Total Service:  		2 Yrs, 6 Mos, 17 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 88M10 Motor Transport Operator   GT: 107   EDU: HS Grad   Overseas: Hawaii (060206-080415)   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.






VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 1 February 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that he received on 7 January 2008, a Field Grade Article 15 for wrongful use of marijuana on two separate occasions; failure to be at his appointed place of duty and breaking restriction; also, he received a Summarized Article 15 on 6 November 2007 for failing to be at his appointed place of duty on several occasions, with a general, under honorable conditions discharge.  
       
       He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 a general, under honorable conditions discharge.  On 26 February 2008, the separation authority 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 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, and the issues 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 applicnat'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 his 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.  
       
       The analyst noted the applicant's issues concerning his marital problems and that he was not afforded the opportunity for counseling; however, the analyst determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  Further, the evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of nonjudicial punishment.  The applicant failed to respond appropriately to these efforts.   
       
       Also, 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.  If the applicant desires to enlist into the Army National Guard Reserve of the state of Georgia, he should contact the local recruiter to determine his eligibility to enlist.  Those individuals can best advise a former service member as to the needs of the Army National Guard at the time, and are required to process waivers of reentry eligibility (RE) codes.  
       
       The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  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: 5 March 2010         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 and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and 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 AR20090008382
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