Application Receipt Date: 060413 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's DD Form 293. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 030430 Discharge Received: Date: 030530 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKQ Unit/Location: A Company, 1st Battalion, 11th Infantry Regiment, Fort Benning, GA Time Lost: 32 days, AWOL 2 day 030305-030306 and confinement 30 days 030502-030530. Article 15s (Charges/Dates/Punishment): 020724/Wrongful use of marijuana on or about between (020422 and 020522), and FTR X2 (020410 and 020507)/FG 2nd Article 15: 020923/FTR X7/CG Court-Martials (Charges/Dates/Punishment): 030430/Summary Court-Martial/Wrongful use of marijuana, dereliction of duties, disobeying a lawful order from a noncommissioned officer X3, disrespectful in language towards a noncommissioned officer, disrespectful in deportment towards a noncommissioned officer/Confinement for 30 days, forfeiture of $767.00 pay per month for 1 month. Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 830303 Current ENL Date: 010328 Current ENL Term: 04 Years ????? Current ENL Service: 02 Yrs, 01Mos, 02Days ????? Total Service: 02 Yrs, 01Mos, 02Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 74C10 (Record Telecommunications Operator Maintainer) GT: 104 EDU: GED Overseas: None Combat: None Decorations/Awards: ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 30 April 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of a serious offense (wrongful use of marijuana, dereliction of duty, willfully disobeying lawful orders, disrespect toward a noncommissioned officer, theft of cable TV, and AWOL) with a under other than honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 a under other than honorable conditions discharge. On 16 May 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. Evidence of records also shows that on 16 April 2003, in a pretrial agreement, the applicant agreed to plead guilty to all the offenses at a Summary Court-Martial, to waived his right to a board hearing and accept an under other than honorable conditions discharge to avoid both Special and General Court-Martial, thus eliminating the stigma of a federal conviction and limiting his time in jail to at most one month. 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, 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 he submitted, the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review. 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 his 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. Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommend the Board vote to deny relief in this case. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 070207 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change No change (Character) Change No change (Reason) (Board member names available upon request) IX. 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 not to change it. Case report reviewed and verified by: Eric S. Moore, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 070209 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060005373 Applicant Name: Mr. ______________________________________________________________________ Page 4 of 6 pages