Application Receipt Date: 060713 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: 050929 Discharge Received: Date: 051028 Chapter: 14 AR: 635-200 Reason: Misconduct, Abuse of Illegal Drugs RE: SPD: JKK Unit/Location: United States Military Academy Preparatory School, Fort Monmouth, NJ 07703-5611 Time Lost: None Article 15s (Charges/Dates/Punishment): 050825/Wrongful use of marijuana on or about (050101-050131) and (050529)/(Field Grade) Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 810212 Current ENL Date: 041206 Current ENL Term: 03 Years ????? Current ENL Service: 00 Yrs, 10Mos, 23Days ????? Total Service: 06 Yrs, 02Mos, 18Days (Applicant's DD Form 214 Item 12a "Date Entered AD This Period" incorrectly shows date as: yr 99, mo 07, day 23, should read yr 99, mo 08, day 11, information is based on applicant's enlistment contract dated (990811)). Previous Discharges: RA-990811-020813/HD RA-020814-041205/HD Highest Grade: E4 Performance Ratings Available: Yes No MOS: 88M10 (Motor Transport Operator) GT: 97 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: AAM (2d Award),AGCM, NDSM, ASR, OSR, GWOTSM 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: The applicant’s record is void of the complete facts and circumstances concerning events that led to a discharge from the Army. The unit commanders notification and the applicant's election of rights are not contained in the available record, and the analyst is presuming Government Regularity in the discharge process. However, records show that on 29 September 2005, the unit commander recommended that the applicant be separated from the United States Army prior to expiration of his term of service under the provisions of Chapter 14, AR 635-200, by reason of misconduct—abuse of illegal drugs (wrongful use of marijuana on or about 1-31 January 2005 and 29 May 2005), and waiver of further rehabilitative efforts, with a general, under honorable conditions discharge. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. The record is void of the separation authority's approval letter directing that the applicant be discharge from the service, however, the analyst is presuming Government Regularity in the discharge process. On 18 October 2005, Orders 291-1, DA, HQ, US Army Garrison Fort Monmouth, Fort Monmouth, New Jersey, discharged the applicant from Active Duty, effective date: 28 October 2005. The applicant has a CID Report of Investigation dated 3 August 2005, in his Official Military Personnel File. 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, the issue and the documents 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 reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 1 August 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 1 No change 4 - 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 discharge was both proper and equitable, and voted to deny relief. 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: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 14 August 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060009805 Applicant Name: Mr. ______________________________________________________________________ Page 4 of 5 pages