Application Receipt Date: 060814	

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached 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: 050928
Discharge Received:     Date: 051026   
Chapter: 14    AR: 635-200
Reason: Misconduct, Commission of a Serious Offense
RE:     SPD: JKQ
Unit/Location: 196th Quartermaster Company, 561st Corps Support Battalion, 101st Airborne Division (Air Assault), Fort Campbell, KY 42223 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050726/Wrongful use of cocaine/(Field Grade)

050901/Vacation of Suspension for Article 15 received on (050726), (Reduction to private (PV2), in as much of the reduction beyond private first class, suspended, to be automatically remitted if not vacated before (051026), forfeiture of $692.00 pay per month for two months, suspended, to be automatically remitted if not vacated before (051126); and restriction 15 days, suspended, to be automatically remitted if not vacated before (051026), was vacated based on the applicant failing to go at the time prescribed to his appointed place of duty X 3 on or about (050823, 050825 and 050829).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  810508  
Current ENL Date: 030305    Current ENL Term: 06 Years  ?????
Current ENL Service: 02 Yrs, 07Mos, 22Days ?????
Total Service:  02 Yrs, 07Mos, 22Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 92R10 (Parachute Rigger)   GT: 112   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (031203-040124)
Decorations/Awards: AAM (2d Award), NDSM, ASR, Air Assault Badge, GWOTSM, ICM
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 28 September 2005, 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 (wrongful use of marijuana between on or about 4 February 2005 and on or about 3 March 2005), with a general, under honorable conditions discharge.  On 13 October 2005, the Administrative Law Attorney stated in a memorandum that "Although the notification memoradum states that the applicant tested positive for marijuana, the test was positive for cocaine."  He was advised of his rights.  The applicant waived consultation with legal counsel, was advised of the impact of the discharge action, 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 13 October 2005, the separation authority 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, the discharge is improper.  The analyst noted that the unit commander used “Board Procedures” when notifying the applicant that he was initiating action to separate him under the provisions of Chapter 14, AR 635-200, by reason of misconduct.  By using “Board Procedures” the authority for approval of the applicant’s separation rested with the General Court-Martial Convening Authority.  The evidence of record shows that someone other than the General Court-Martial Convening Authority approved the applicant’s discharge.  In view of the foregoing, the discharge was improper.  Accordingly, full relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority is recommended to the Board.  This action does not entail a change to the reentry eligibility (RE) code; however, the Board can consider it.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 1 August 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 5    No change 0   - 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 and is improper.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority.  This action does not entail a change to the reentry eligibility (RE) code. 



















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: Secretarial Authority under the provisions of Chapter 5, AR 635-200
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: 14 August 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060011653

Applicant Name:  Mr.       
______________________________________________________________________


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