Application Receipt Date: 070906 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293 and supporting documents. 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: 060427 Discharge Received: Date: 060501 Chapter: 14 AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: C Company, 1st Battalion, 13th Armor, Fort Riley, KS 66442-5000 Time Lost: None Article 15s (Charges/Dates/Punishment): 060321/Wrongfully use marijuana between on or about (060102) and on or about (060202)/(Field Grade) Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: Current ENL Date: 020213 Current ENL Term: 03 Years (Retained in service 443 days for the convenience of the government) Current ENL Service: 04 Yrs, 02Mos, 19Days ????? Total Service: 04 Yrs, 02Mos, 19Days ????? Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: 19K10 (M1 Armor Crewman) GT: 105 EDU: GED Overseas: Southwest Asia Combat: Iraq/Kuwait (030407-040315) and (050202-060127) Decorations/Awards: ARCOM, AAM, AGCM, NDSM, GWOTEM, GWOTSM, ASR, OSR (2d Award), Combat Action Badge, ICM 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 27 April 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—commission of a serious offense (abuse of illegal drugs/wrongfully used marijuana on two occasions), 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, and did not submit a statement in his own behalf. The applicant waived consideration of his case by an administartive separation board. 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 general, under honorable conditions discharge. On 1 May 2006, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. DD Form 2807-1 (Report of Medical History) dated 14 March 2006, found in the applicant's Official Military Personnel File, shows in item 8 (Current Medications) Lexapro 20 mg. DD Form 2808 (Report of Medical Examination) dated 14 March 2006, makes reference to GAD/PTSD in items 44 (Notes), and item 77 (Summary of Defects and Diagnoses). 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, and the issue he submitted, the analyst noted that the government introduced into the discharge packet the results of a biochemical test that was part of the applicant's ASAP treatment plan. This is limited use information as defined in Chapter 6, AR 600-85. Use of this information mandates award of a fully honorable characterization of service. In view of the foregoing, the analyst determined that the characterization of service is improper. Accordingly, the analyst recommends that the applicant's characterization of service be upgraded to fully honorable. However, the analyst found 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: 26 October 2007 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 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 and is improper. 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 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: 2 November 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE