Applicant Name: ????? Application Receipt Date: 2010/03/02 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he has been diagnosed with mental illness and was very young at the time. Five years has passed and he is now getting the help he needs and realize he made a lot of bad decisions, and he is asking for this request so that he can better himself and his family. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 030618 Discharge Received: Date: 030815 Chapter: 14-12c(2) AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: HQ & HQ Company, (Rear) (Provisional), 16th Signal Battalion, Fort Hood, TX Time Lost: AWOL x 1 for 28 days from (030701-030728). The applicant returned to his unit. Article 15s (Charges/Dates/Punishment): 020808, disobeyed a lawful order from SSG, a noncommissioned officer on or about (020515), wrongfully used methylenedioxyamphetamine between on or about (020416-020516), wrongfully used methylenedioxyamphetamine between on or about (020416-020516), wrongfully used cocaine between on or about (020416-020516), and wrongfully used marijuana between on or about (020416-020516), reduction to the grade of Private (E-1), forfeiture of $552.00 pay for two months, and extra duty for 45 days (FG) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 19 Current ENL Date: 000706 Current ENL Term: 6 Years ????? Current ENL Service: 3 Yrs, 0 Mos, 12 Days ????? Total Service: 3 Yrs, 0 Mos, 12 Days ????? Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 31R10 Multichannel Transmission Sys Oper/Main GT: 103 EDU: HS Grad Overseas: Korea (010324-020303) Combat: None Decorations/Awards: NDSM, GWTEM, GWTSM, ASR, OSR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None submitted by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 18 June 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c(2), AR 635-200, by reason of misconduct-abuse of illegal drugs; in that he wrongfully used methylenedioxyamphetamine, cocaine, marijuana, was disrespectful to noncommissioned officers, failed to obey orders, and failed to go to his appointed place of duty, 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 waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge and did not submit 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 a general, under honorable conditions discharge. On 15 July 2003, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 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 determined that the characterization of service is improper. The analyst noted that the government introduced into the discharge packet the results of a command directed competence for duty (i.e., fitness for duty) biochemical test. This is limited use information as defined in AR 600-85. Use of this information mandates award of a fully honorable characterization of service. Accordingly, the analyst recommends to the board that the applicant’s characterization of service be upgraded to fully honorable. However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. Further, notwithstanding the impropriety of the applicant's discharge, the analyst determined that the applicant was incorrectly assigned a reentry eligibility (RE) code of “3”. Therefore, the analyst recommends that the the reentry eligibility code be administratively changed to RE-4. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 3 November 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293, dated 2 March 2010. VIII. 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 noted that the government introduced the results of a command directed urinalysis into the discharge process. This is limited use information as defined in AR 600-85. Use of this information mandates award of a fully honorable discharge. Accordingly, the Board voted to change the characterization of service to fully honorable. However, the board determined that the reason for discharge was fully supported by the record and voted not to change it. Further, notwithstanding the impropriety of the applicant's discharge, the Board determined that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry eligibility code as “3”. In view of the error, the Board voted to administratively change block 27, reentry eligibility code to “4", as approved by the separation authority. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 5 No change 0 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: The Board voted to administratively change block 27, reentry eligibility code to “4". RE Code: Grade Restoration: No Yes Grade: No Change Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20100009599 ______________________________________________________________________________ Page 1 of 3 pages