Applicant Name:  ?????

Application Receipt Date: 2009/08/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he believes he made a mistake while serving in the Army.  He felt that he wanted to turn his life around and was given improper treatment at the time of discharge, and that his chain of command had a grudge.

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: 071105
Discharge Received: 			   Date: 080215   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: 268th Cargo Transfer Company, 11th Transportation Battalion (Provisional), 7th Sustainment Brigade (Rear) (Provisional), Fort Story, VA. 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070517, Wrongfully distributed marijuana on or about 070501, and disorderly, by shaking a port a john while a TCN worker was inside on or about 070504, reduction to Private (E-1), forfeiture of $650.00 pay per month for two months, suspended, to be automatically remitted if not vacated before 071017, 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:  18
Current ENL Date: 050809    Current ENL Term: 4 Years  The applicant required a Moral Waiver at the time of enlistment, which was approved on 040921.
Current ENL Service: 	2 Yrs, 6 Mos, 7 Days ?????
Total Service:  		2 Yrs, 6 Mos, 7 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 88N10 Traffic Management Coord   GT: 103   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (060901-070901)
Decorations/Awards: NDSM, GWTSM, 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 14 May 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c(2), AR 635-200, by reason of misconduct-commission of a serious offense; in that he wrongfully distributed marijuana on 070501, with a general, under honorable conditions discharge.  He was advised of his rights.  On 30 October 2007, the unit commander rescinded his previous notification letter dated 14 May 2007 and reinitiated the notification proceedings under the provisions of Chapter 14-12c, AR 635-200, by reason of commission of a serious offense, in that he wrongfully distributed marijuana on or about 070501, and was disorderly by shaking a portable toilet while a TCN worker was inside of it on or about 070504, with an under other than honorable conditions discharge. 
       
       On 1 November 2007, the applicant 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 a general, under honorable conditions discharge and submitted 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 27 November 2007, the senior intermediate commander reviewed the proposed discharge action and recommended that the applicant's waiver of his right to appear before an administrative separation board be denied and that the case be referred to an administrative separation board. 
       
       On 6 December 2007, the separation authority reviewed the applicant's request for a conditional waiver of an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge and denied the request.  On 10 December 2007, the applicant was notified to appear before an administrative separation board and advised of his rights. 
       
       On 14 January 2008, the administrative separation board met and the applicant appeared with counsel.  The board recommended that the applicant be separated from the service with an under other than honorable conditions discharge.  On 1 February 2008, the separation authority approved the findings and recommendations of the board, waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.  
       
       The record contains a Military Police Report dated 1 May 2007, in reference to the applicant's violation of a controlled substance by possessing marijuana.  

       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 issue submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The analyst determined that the applicant’s discharge was appropriate because the quality of his 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 issue that he wanted to turn his life around and was given improper treatment at the time of discharge, and that his chain of command had a grudge.  However, 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.  Additionally, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 
       
       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: 9 June 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: None

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: No Change
Other: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change






Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090014012
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