Applicant Name: ????? Application Receipt Date: 2008/03/17 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See enclosed DD Form 293 and supporting 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: 060513 Discharge Received: Date: 060720 Chapter: 14-12c AR: 635-200 Reason: Misconduct Serious Offense) RE: SPD: JKQ Unit/Location: HHC, 3d Bn, 1 SF Group, Fort Lewis, WA Time Lost: None Article 15s (Charges/Dates/Punishment): 060211, wrongful use of marijuana (051127-051227), reduction to E-5, forfeiture of $1137 x 2, 45 days extra duty and restriction (FG) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 22 Current ENL Date: 000522 Current ENL Term: 6 Years 3 months (includes extension of service) Current ENL Service: 06 Yrs, 01Mos, 29Days ????? Total Service: 06 Yrs, 01Mos, 29Days ????? Previous Discharges: None Highest Grade: E-6 Performance Ratings Available: Yes No MOS: 18EV2/Special Forces Commo NCO GT: 111 EDU: HS Grad Overseas: Korea, Iraq, Afghanistan Combat: Iraq (051227-060607), Afghanistan (050214-050717) Decorations/Awards: JSCM, AAM-2, NDSM, AFGHCM, ICM, GWOTSM, KDSM, NCOPDR, ASR, CIB, SF TAB, RGR TAB, CAB V. Post-Discharge Activity City, State: Arnold, CA Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 13 May 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—serious offense for wrongful use of marijuana (051127-051227), by a positive urinalysis and by his self admission, he recommended retention and if not approved an honorable discharge. He was advised of his rights. On 25 May 2006, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested an Administrative Separation Board in the event that retention was not approved, and did not submit a statement in his own behalf. The unit commander subsequently recommended retention in the service and if this was not approved recommended an honorable discharge. The intermediate commander reviewed the proposed discharge action and recommended retention in the service or an honorable conditions discharge if retention was not approved. On 9 June 2006, 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. It states that an honorable discharge is a separation with honor, and is appropriate when the quality of the Soldier’s service is so meritorious that any other characterization would be inappropriate. 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 the documents submitted with his application, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to fully honorable. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable. While the applicant's misconduct is not condoned, the overall length and quality of the applicant's service to include his two combat tours and the recommendations from his immediate commanders for retention or an honorable discharge, mitigated the discrediting entry in the service record. Accordingly, the analyst recommends 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: 13 February 2009 Location: Washington, D.C. 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 characterization of service was too harsh based on the applicant’s length and quality of his service to include his two combat tours and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. The Board determined that the reason for discharge was 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 AR20080004277 ______________________________________________________________________________ Page 1 of 3 pages