Application Receipt Date: 060706	

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: 060126
Discharge Received:     Date: 060418   
Chapter: 14    AR: 635-200
Reason: Misconduct (Drug Abuse)
RE:     SPD: JKK
Unit/Location: E Company, 101st Aviation Brigade, 101st Airborne Division (Air Assault), Fort Campbell, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050506/Failure to go to his appointed place of duty on or about 041025 and 050321/(Field Grade)

Second Article 15:060124/Wrongful use of cocaine on or about 051022/(Field Grade)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  770720  
Current ENL Date: 011126    Current ENL Term: 04 Years  (Enlisted Record Brief shows applicant as having a ETS of 070131)
Current ENL Service: 04 Yrs, 04Mos, 23Days ?????
Total Service:  08 Yrs, 06Mos, 19Days ?????
Previous Discharges: RA-970930-000929/HD
                                      USARCG-000930-011125/NA
Highest Grade: E5
Performance Ratings Available: Yes    No 
MOS: 25U10 (Signal Support Systems Specialist)   GT: 113   EDU: 1 yr Coll   Overseas: Kuwait   Combat: Iraq (030202-040120)
Decorations/Awards: ARCOM (2d Award), AAM, AGCM, NDSM, GWOTEM, GWOTSM, NCOPDR, OSR (2d Award), ASR, Air Assault Badge, Certificate of Appreciation (6), Certificate of Achievement (1)
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:
      Evidence of record shows that on 26 January 2006, 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 on a unit urinalysis on 24 October 2005, wrongful use of cocaine on or about 25 July 2005 and 26 August 2005 as shown by a positive urinalysis for cocaine on 26 August 2005), with an under other than honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an Administrative Separation Board, 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 an under other than honorable conditions discharge.  On 23 March 2006, the applicant was notified to appear before an Administrative Separation Board and advised of his rights.  On 29 March 2006, the Board met; applicant appeared with counsel.  The Board recommended that the applicant be discharged with a characterization of under other than honorable honorable conditions.  On 7 April 2006, the separation authority directed that the applicant be discharged with a characterization of service of under other than honorable conditions.
      
      The applicant has a CID Report of Investigation dated 2 December 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, commission of a serious offense, convictions by civil authorities, desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is 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 found several mitigating factors that would merit an upgrade of the characterization of service to general, under honorable conditions.  This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct.  While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The applicant's overall length and quality of  service to include his combat service mitigated the discrediting entries in his service record.  However, the reason for discharge remains both proper and equitable.  

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 6 June 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 5    No change 0   - 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 characterization of service was too harsh, and as a result it is inequitable.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  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: 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: 21 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060009445

Applicant Name:  Mr.        
______________________________________________________________________


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