Application Receipt Date: 080130 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See enclosed DD Form 293 and attached documents (4) submitted by the applicant. 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: 040604 Discharge Received: Date: 041118 Chapter: 14-12c AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: C Company, 3rd Battalion, 75th Ranger Regiment, Fort Benning, GA 31905. Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): 040902, Summary Court-Martial-for wrongfully using marijuana on or about (040403-040503). He was sentenced to reduction to Private (E-1) and confinement for thirty (30) days in the Harris County Jail. Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 840728 Current ENL Date: 030612 Current ENL Term: 4 Years with a (DDE) Waiver. Current ENL Service: 1 Yrs, 5 Mos, 7 Days ????? Total Service: 1 Yrs, 5 Mos, 7 Days ????? Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 11B1P Infantryman GT: 124 EDU: HS Grad Overseas: Southwest Asia Combat: Afghanistan (031230-040404) Decorations/Awards: GWOTSM, GWOTEM, PUC (AAF), ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: See enclosed DD Form 293 submitted by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 4 June 2004, 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 in that you did on or between (040403-040503) failed a urinalysis, with a general, under honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily and unconditionally waived 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 commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 29 October 2004, the separation authority approved the waiver of an administrative separation board, waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. The applicant was to be reduced to the lowest enlisted rank. 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, 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, documents and the issue he submitted, the analyst found several mitigating factors that would merit 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 infraction of discipline, the extent thereof, and the seriousness of the offense. While the applicant's misconduct is not condoned, the analyst determined that the characterization of service was too harsh and as a result it is inequitable. The analyst found that the applicant's failure to perform in accordance with Army standards was mitigated by service of sufficient merit to include his combat service, to warrant an upgrade of the discharge being reviewed. Accordingly, the analyst recommends to the Board to grant relief 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 both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 8 September 2008 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 4 No change 1 - 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 does not condone the applicant's misconduct; however, it determined that the characterization of service was too harsh and as a result, it is inequitable. The Board found that the applicant's 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. The Board determined that the reason for discharge was both proper and equitable and voted not to change it. Case report reviewed and verified by: ?????, 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: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 11 September 2008 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080001887 Applicant Name: ______________________________________________________________________ Page 2 of 5 pages