Application Receipt Date: 2007/06/20 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change 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: NIF Discharge Received: Date: 060329 Chapter: 14-12c AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: Co E, 187 ORD BN, FT Jackson, SC Time Lost: The applicant’s record reflects the applicant’s duty status was listed as AWOL from 060208- 060302 however, activation orders show he was released from the Reserve status effective 060203 and ordered to report NLT 060303. The applicant’s DD214 correctly reflects no lost time. Article 15s (Charges/Dates/Punishment): None, however the record indicates the applicant was reduced to E1 prior to his discharge. Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 8012 Current ENL Date: IADT 050830 Current ENL Term: Years 26 weeks Current ENL Service: 00 Yrs, 07 Mos, 00 Days ????? Total Service: 00 Yrs, 09 Mos, 24 Days ????? Previous Discharges: USAR 050606-060202 / NA (Concurrent Service) Highest Grade: E3 Performance Ratings Available: Yes No MOS: None GT: 60 EDU: NIF Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity Home of Record: Sterling Heights, MI 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 facts and circumstances surrounding his discharge. The record contains a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty) authenticated by his signature. His DD Form 214 indicates that he was discharged under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct (drug abuse), with a characterization of service of uncharacterized. Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct- drug abuse). The specific facts and circumstances leading to the applicant’s discharge are not contained in the available records. 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 analyst determined that the applicant’s available record of service during the period of enlistment under review is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. 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 the analyst presumed Government regularity in the discharge process. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c by reason of misconduct-drug abuse, with a characterization of service of uncharacterized. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.” An RE code of “4” can not be waived and the applicant is no longer eligible for reenlistment. 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 analyst determined 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: 17 June 2008 Location: Chicago, IL Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: Applicant submitted five additional documents (1 page each) for consideration by the board. 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 0 No change 5 - 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. 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: 14 July 2008 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20070008579 Applicant Name: ______________________________________________________________________ Page 1 of 5 pages