Application Receipt Date: 060607	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached 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: 961220
Discharge Received:     Date: 971031   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKK
Unit/Location: U.S. Army Recruiting Bn Southern California, Mission, Viejo, CA 92691 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 970325-wrongfully use cocaine, on or about (961001-961016), (Field Grade).

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  690814  
Current ENL Date: 950119    Current ENL Term: 4 Years  ?????
Current ENL Service: 02 Yrs, 09 Mos, 12 Days ?????
Total Service:  10  Yrs, 02 Mos, 00Days ?????
Previous Discharges: RA-870901-910227/HD
                                      RA-910228-931014/HD
                                      RA-931015-950118/HD
Highest Grade: E6
Performance Ratings Available: Yes    No 
MOS: 93P24 Aviation Ops Spec   GT: 114   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: ARCOM, AAM (3), AGCM (3), NDSM, NCOPDR w/2, ASR, OSR, Gold Rec Bdge w/1 SAS, Basic Rec Bdge w/3 GAS, C/Ach (3), COT (4) 
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: The applicant claims he has been clean and sober for over 10 months and currently enrolled in college pursuing a nursing degree.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 20 December 1996, 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 (tested positive for cocaine and arrested for felony possession of a controlled substance (cocaine and drug paraphernalia), with an honorable 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 receiving a characterization of service no less favorable than honorable, and submitted a statement in his own behalf.  On 25 March 1997, the separation authority denied the applicant's request for a conditional waiver of an administrative separation board in exchange for an honorable discharge and referred his case to an administrative separation board.  0n 22 April 1997, the applicant again consulted with legal counsel, voluntarily waived consideration of his case by an administrative separation board contingent upon receiving a characetrization of service no less favorable than a general, under honorable conditions, and submitted a statement in his own behalf. On 6 May 2007, the applicant's chain of command recommended that the applicant's request for a conditional waiver be approved, and further recommened that he be separated from the Army with a characterization of service of general, under honorable conditions.  On 27 May 1997, the separation authority denied the applicant's request for a conditional waiver of an administrative separation board in exchange for a general discharge and referred his case to an administrative separation board.  On 13 August 1997, the board met, applicant appeared with counsel.  The board findings were that the applicant was arrested for felony possession of a controlled substance (cocaine), drug paraphernalia and tested positive for cocaine is supported by a preponderance of the evidence.  The board recommended that the applicant be separated from the service and that his service be characetrized as general, under honorable conditions.  On 14 October 1997, the separation authority directed that the applicant be discharged from the service with a characterization of service of general, under honorable conditions. 
      
      The applicant had a CID Report of Investigation in his Official Military Personnel File (OMPF) dated 3 December 1996. 

      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 during the period of enlistment under review, the issue and documents he submitted, the analyst  recommend that the applicant’s characterization of service be upgraded to fully honorable.  This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is now inequitable.  While the applicant's misconduct is not condoned, the analyst found that the overall length and quality of the applicant's service, his post service accomplishments and the time that has elasped since his discharge mitigated the discrediting entry in his service record.  However, the analyst determined that the reason for discharge was both proper and equitable.
      
      
      
      
      
      
       

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 23 May 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     No change    (Character)
		 			       	Change     No change    (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 too harsh, and as a result it is now inequitable.  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: 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: 


MARY E. SHAW				DATE: 31 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060008160

Applicant Name:  Mr.       
______________________________________________________________________


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