Applicant Name:  ?????

Application Receipt Date: 2012/08/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, he is requesting an upgrade of his under other than honorable characterization to honorable conditions.  He contends that he never went before the court to defend himself.  He has realized and accepted the mistakes he made and has become a better person.  He is requesting an upgrade in the hopes of reentering the Army.  From the time he entered the military he knew he wanted to be a Soldier for the rest of his life.  He hopes the Army Review Board will grant him at least a general, under honorable conditions discharge.  He is a responsible and reliable person.  He is currently employed and attending a university in the hopes of receiving a bachelor's degree in business administration additionally; he is trying to start his own lawn care and maintenance's business.

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: 040219
Discharge Received: 			   Date: 040915   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: Company B, 204th Forward Support Battalion (Rear) (Provisional), Division Support Command (Rear) (Provisional), 4th Infantry Division (Mechanized) (Rear) (Provisional), Fort Hood, TX 

Time Lost: AWOL for a total of 30 days as follows:  (031117 - 031118) for 2 days and (040804 - 040901) for 28 days; mode of return unknown.

Article 15s (Charges/Dates/Punishment): 031218, wrongfully possessed a certain amount of marijuana (031009);  wrongfully used marijuana, a controlled substance (031009); absent without leave (031117); failed to go at the time prescribed to his appointed place of duty (031115), (031124), (031126), (031103); forfeiture of $597 pay per month for two months, suspended, to be automatically remitted if not vacated (040218); extra duty and restriction for 14 days, suspended, to be automatically remitted, if not vacated (040218); (CG).

030716, without authority, failed to go at the time prescribed to his appointed place of duty (030531), (030601), (030602); reduction to E-1; extra duty and restriction for 45 days; (FG).

The record indicates the applicant received a field grade article 15 (041218); imposed punishment consisted of the following: 45 days of extra duty; 14 days restriction, suspended for two months; forfeiture of $597 for two months, suspended for two months.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 010830    Current ENL Term: 3 Years  ?????
Current ENL Service: 	02 Yrs, 11 Mos, 15 Days ?????
Total Service:  		02 Yrs, 11 Mos, 15 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92A10 Automated Logistical Specialist   GT: 101   EDU: HS Graduate   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:    
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 19 February 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct, commission of serious offenses, specifically for:
       (1) wrongfully possessing an unknown amount of marijuana (031009);
       (2) wrongfully using marijuana, a controlled substance (031224 – 040123);
       (3) absent without leave (031117 – 031120);
       (4) failed to report to his appointed place of duty on several occasions
       
       The unit commander recommended an under other than honorable conditions discharge and advised the applicant of his rights.  
         
       On 23 February 2004, 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 did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval of the separation with an under other than honorable conditions discharge. 
       
       The separation authority's memorandum is not in the record.
       
       The record does not contain Administrative Separation Board proceedings. 
       
       The record contains a General Officer Memorandum of Reprimand dated, 15 October 2002; for driving a motor vehicle while intoxicated.
       
       The record also contains a military police report, number 07123-2003-MPC034, which indicates the applicant was apprehended for possession of marijuana during a traffic stop. 

       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:  
       The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  However, after examining the applicant’s record of service, his military records, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  
       
       The record confirms 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.  It brought discredit on the Army, and was prejudicial to good order and discipline.  By his serious incidents of misconduct, the applicant diminished the quality his service below that meriting a general or an honorable discharge.  The applicant’s record of service was marred by 3 Articles 15 for multiple violations of the Uniform Code of Military Justice.
       
       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 applicant contends he never went before the court to defend himself.  The record indicates he requested an administrative separation board on 23 February 2004 and was not discharged until 15 September 2010, seven months later.  Although his records do not contain the General Court Martial Convening Authority’s decision memorandum or the separation board transcript, there was sufficient time to hold the board and the applicant’s records contain an appointment memorandum for members of the administrative separation board to be conducted.  Therefore, the presumption of regularity prevails because the command recognized the applicant was entitled to a board and allowed sufficient time for the board to be conducted.
       
       The applicant’s post-service accomplishments have been noted as outlined on the application and in the documents with the application.  However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
       
       Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 	Date: 5 April 2013         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 149 with a self-authored statement, 5 letters of character and support and a DD Form 214.

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 Discussion and Recommendation which follows, the Board determined the discharge to be proper and equitable and voted to deny relief.??

        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: No Change
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
Colonel, U.S. Army
President, Army Discharge Review Board




JOSEPH M. BYERS
Lieutenant Colonel, U. S. Army
Secretary Recorder






Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTH - Under Other Than Honorable 
												Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20120016008
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