Applicant Name: ????? Application Receipt Date: 070925 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: My discharge is improper becuase of the compelling circumstances for the isolated incidents around my discharge. 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: 060615 Discharge Received: Date: 060912 Chapter: 14-12b AR: 635-200 Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: E Co, 3BCT, Fort Campbell, KY Time Lost: None Article 15s (Charges/Dates/Punishment): 060303, FTR X 3 (060221, 060315 and 060317), and disobey a lawful not to store or consume alcohol X 2 (060315 and 060324), reduction to E-2, $714 X 2 (susp), 45 days extra duty and restriction (FG) 060510, wrongful use of cocaine (060314-060317) and wronful use of marijuana (060218-060317), reduction to E-1, $637 X 2, 45 days extra duty and restriction (FG) Court-Martials (Charges/Dates/Punishment): NA Counseling Records Available: Yes No IV. Soldier’s Overall Record Year/Month: 8601 HOR City, State: Baltimore, MD Current ENL Date: 040607 Current ENL Term: 6 Years ????? Current ENL Service: 02 Yrs, 03Mos, 06Days ????? Total Service: 02 Yrs, 03Mos, 06Days ????? Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 25B Info Sys Opr-Analyst GT: 113 EDU: HS Grad Overseas: SWA Combat: Iraq (050922-060205) Decorations/Awards: NDSM, GWOTSM, ICM, ASR V. Post-Discharge Activity Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 15 June 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—pattern of misconduct for failure to report X 3 (060221, 060315, and 060317) violation of alcohol policy X 2 (060315 and 060324), wrongful use of cocaine (060314-060317) and marijuana (060218-060317) and possession of marijuana and drug paraphernalia 060411), with a under other than honorable conditions discharge. He was advised of his rights. On 26 June 2006 the applicant consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board, contingent upon his receiving a characterization of service of no less favorable than general under honorable conditions. The applicant submitted a statement on 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 with a other than honorable conditions discharge. On 18 July 2006, the applicant was notified to appear before an administrative separation board and advised of his rights. On 22 August 2006, the administrative separation board convened. The applicant appeared with counsel. The board recommended that the applicant be discharged with issuance of a character of service of under other than honorable conditions. On 07 September 2006, the separation authority approved the recommendation of the administrative separation board and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. The file contains a CID Report dated 060407. The file contains a MP Report dated 060411. 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, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. 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 recommends to the Board to deny relief. ????? VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 080730 Location: Washington DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: None Exhibits Submitted: None 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 5 No change 0 - Character Change 0 No change 5 - 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 characterization of service was too harsh, and as a result it is inequitable. The Board determined that the overall length and circumstances surrounding the discharge, and his combat service, mitigated the discrediting entries in his service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. However, the Board determined that the reason for discharge was proper and equitable and voted not to change it. 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: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 080801 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20070013357 ______________________________________________________________________ Page 1 of 5 pages