Applicant Name:  ?????

Application Receipt Date: 2010/05/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states that he was illegally discharged from the Army.

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: 030702
Discharge Received: 			   Date: 030808   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: Company B, 1st Battalion, 27th Infantry, Schofield Barracks, HI 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 030425, disobeyed a lawful order from SSG, a noncommissioned officer on or about (030228), disrespectful in language and deportment toward SFC, a noncommissioned officer on or about (030228), failed to obey a lawful general regulation, by wrongfully consuming alcohol while under the age of 21 on or about (030228), with intent to deceive, made an official statement to a SPC, which was totally false on or about (030228), reduction to Private (E-2), forfeiture of $301.00 pay per month for one month, extra duty and restriction for 14 days (CG)

Article 15, 030620, failed to obey a lawful general regulation by wrongfully possessing drug paraphernalia on or about (030529), wrongfully using D-Methamphamphetamine between on or about (030421-030428) and wrongfully using Amethamphetamine between on or about (030421-030428). reduction to Private (E-1), foreiture of $575.00 pay per month for two months, extra duty and restriction 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: 020827    Current ENL Term: 3 Years  ?????
Current ENL Service: 	0 Yrs, 11 Mos, 11 Days ?????
Total Service:  		0 Yrs, 11 Mos, 11 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 93   EDU: HS Grad   Overseas: Hawaii (021227-030808)   Combat: None
Decorations/Awards: NDSM, ASR, OSR

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 2 July 2003, 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 disobeyed a noncommssioned officer on (030228), disrespectful in language and deportment to noncommissioned officers on (030228), wrongfully consumed alcohol while under the age of 21 on (030228), made an official statement, which was false on (030228), wrongfully used amethamphetamines on (030428), wrongfully used d-methamphetamines on (030428) and wrongfully possessed drug paraphernalia on (030529). 
       
       The unit commander recommended separation with an under other than honorable conditions discharge.  He was advised of his rights.  On 2 July 2003, 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 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 21 July 2003, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.  The applicant was to be reduced to the lowest enlisted rank.
       
       The applicant received a General Officer Memorandum of Reprimand for driving while under the influence of alcohol and consuming alcohol while under the age of 21 years, dated 24 June 2003 (Administrative) 

       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, the issue and documents he submitted, the analyst determined that the characterization of service is improper.  
       
       The analyst noted that the government introduced into the discharge packet the results of a command directed competence for duty (i.e., fitness for duty) biochemical test.  This is limited use information as defined in AR 600-85.  Use of this information mandates award of a fully honorable characterization of service.  
       
       Accordingly, the analyst recommends to the board that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 26 January 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 26 April 2010, Self Authored Statement dated 23 April 2010, DD Form 214 for the period of service ending 8 August 2003, DD Form 2624 (Specimen Custody Document-Drug Testing) dated 21 May 2003, DOD/DA Code Explanation and Use document, two pages from AR 635-200, in reference to Limited Use evidence, DA Form 2627 dated 20 June 2003.  

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 noted that the government introduced the results of a command directed urinalysis into the discharge process.  This is limited use information as defined in AR 600-85.  Use of this information mandates award of a fully honorable discharge.  Accordingly, the Board voted to change the characterization of service to fully honorable.  However, the board found that the reason for discharge was fully supported by the record and voted not to change it. 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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 AR20100014747
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