Application Receipt Date: 060823 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See 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: 980330 Discharge Received: Date: 980517 Chapter: 4 AR: AR 600-8-24 Reason: Unacceptable Conduct RE: SPD: BNC Unit/Location: Company A, William Beaumont Army Medical Center, Fort Bliss, TX 79916 Time Lost: None Article 15s (Charges/Dates/Punishment): 980225-Wrongful use of marijuana, between on or about (971207) and (980107), (General Officer). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 681028 Current ENL Date: 960818 Current ENL Term: 4 Years ????? Current ENL Service: 01 Yrs, 09 Mos, 00 Days ????? Total Service: 11 Yrs, 11 Mos, 21Days Item 12d on the DD Form 214, total prior active is incorrect, should read 05 Yrs, 11 Mos, 21 Days, and item 12e on the DD Form 214, total prior inactive service is incorrect, should read 06 Yrs, 00 Mos, OO DAys. Previous Discharges: RA-871104-890310/HD RA-890311-900817/HD USARCG-900817-960817/NA Highest Grade: 01 Performance Ratings Available: Yes No MOS: 66H Medical Surgical Nurse GT: NA EDU: BS Nursing Overseas: None Combat: None Decorations/Awards: NDSM, 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: On 20 December 2005, the Commander, U.S. Army Air Defense Center and Fort Bliss, Fort Bliss, TX 79916, recommended that the applicant be eliminated from the service with a general, under honorable conditions discharge. The Ad Hoc Review Board met, and on 28 April 1998, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board, and directed that the applicant be discharge from the United States Army Reserve with a characterization of service of general, under honorable conditions. The applicant’s record is void of the complete facts and circumstances concerning the events that led to a discharge from the United States Army Reserve. The record is void of the applicant's letter of resignation in lieu of elimination, his consultation with legal counsel advising him of the impact of the discharge action and submitting a statement in his own behalf. The analyst presumed Government regularity in the discharge process. However, the record does contain a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. This DD Form 214 indicates that he was discharged under the provisions of Chapter 4, AR 600-8-24, by reason of unacceptable conduct, with a characterization of service of general, under honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of BNC. On 4 May 1998, Orders 124-0014, DA, HQ, US Army Air Defense Center and Fort Bliss, Fort Bliss, TX, discharged the applicant from the United States Army Reserve, effective date: 17 May 1998. The applicant has an Administrative Memorandum of Reprimand dated 25 February 1998, for misconduct (wrongful use of marijuana), in his Official Military Personnel File. b. Legal Basis for Separation: Army Regulation 600-8-24 sets for the basic authority for Officer Transfers and discharges. Chapter 4 outlines the policy and procedure for the eliminating of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and the interest of national security. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available records for the term of service under review and the issues he submitted, the analyst finds no facts that would merit an upgrade of the applicant's discharge. The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the United States Army Reserve. However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and Government regularity in the discharge process is presumed. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 4, AR 600-8-24, by reason of unacceptable conduct, with a characterization of service of general, under honorable conditions. Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Therefore, the narrative reason for discharge and the characterization of service were both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 12 September 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 2 No change 3 - 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, voted to deny relief. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None 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: 20 September 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060012070 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages