Applicant Name: ????? Application Receipt Date: 2009/09/01 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached document 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: 060814 Discharge Received: Date: 070123 Chapter: 14-12c(2) AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: D Co, 3-82 AV Bn, Fort Bragg, NC Time Lost: None Article 15s (Charges/Dates/Punishment): 060710, wrongful use of marijuana, failure to report, willfully disobey a lawful order, disrespectful towards a NCO, and drunk on duty; reduction to E-1, forfeiture of $640 pay x 2 months, (suspended), extra duty for 45 days and restriction for 45 days (FG). However, the actual Article 15 is not part of the available record. 040818, violated a lawful general order by wrongfully operating a motor vehicle within six hours of consuming alcoholic beverages (040807); reduction to E-4, forfeiture of $946 pay x 2 months (suspended), and extra duty for seven (7) days (FG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 32 Current ENL Date: 020611 Current ENL Term: 5 Years ????? Current ENL Service: 04 Yrs, 07Mos, 13Days ????? Total Service: 09 Yrs, 07Mos, 21Days ????? Previous Discharges: RA-970603-020610/HD Highest Grade: E-5 Performance Ratings Available: Yes No MOS: 15T1P UH-60 Helicopter Repairer GT: 96 EDU: GED Cert Overseas: Southwest Asia Combat: Afghanistan (030221-040221) Decorations/Awards: AM, AAM-4, AGCM, NDSM, ACM, GWOTEM, GWOTSM, NCOPDR, ASR, OSR-2, NM V. Post-Discharge Activity City, State: Springfield, MO Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 14 August 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Paragraph 14-12c(2), AR 635-200, by reason of misconduct-abuse of illegal drugs for wrongful use of marijuana (060528-060628), with an under other than honorable conditions discharge. He was advised of his rights. On 15 August 2006, 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 submitted a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The intermediate and senior intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 14 November 2006, again the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions and did not submit a statement in his own behalf. On 19 November 2006, the separation authority disapproved the applicant's conditional waiver. On 28 November 2006, the administrative separation board convened. The applicant appeared with counsel. The board recommended that the applicant be discharged with issuance of a characterization of service of an under other than honorable conditions. On 28 December 2006, the separation authority approved the findings and recommendation of the administrative separation board and directed that the applicant be discharged with a characterization of service of of under other than 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, 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 during the period of enlistment under review, the issues and document he submitted, the analyst found several mitigating factors that would merit relief in the form of an upgrade of the applicant's characterization of service to general, under honorable conditions. There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses. The evidence in this case supports a conclusion that the characterization of service is too harsh, and as a result it is inequitable. While the applicant’s misconduct is not condoned, the analyst found that the overall length and quality of the applicant’s service, to include his combat service, mitigated the discrediting entries in the service record. Accordingly, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to general, under honorable conditions. 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: 25 September 2009 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 characterization of service is too harsh, and as a result, it is inequitable. The Board found that the overall length and quality of the applicant's service; to include his combat service, mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 4 No change 1 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: NA RE Code: Grade Restoration: No Yes Grade: None ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090015316 ______________________________________________________________________________ Page 1 of 3 pages