Application Receipt Date: 060816	

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: 040503
Discharge Received:     Date: 040504   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKQ
Unit/Location: Eisenhower AMC Medical Holding Company, Fort Gordon, GA 30905 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040504-wrongfully use cocaine, on or about (040224), (Field Grade).

031216-wrongfully use cocaine, between on or about (03905) and (03908), (Field Grade).


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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  610101  
Current ENL Date: 040315    Current ENL Term: 00 Years  51 days; item 12a on DD form 214, date entered active duty this period is incorrect, should read (040315), see active duty orders.
Current ENL Service: 00  Yrs, 01 Mos, 20 Days ?????
Total Service:  13 Yrs, 10 Mos, 15 Days ?????
Previous Discharges: ARNG-791208-851207/HD
                                       IADT-800211-800628/HD (Concurrent Service)
                                      ARNG-900809-920808/HD
                                      ARNG-980817-040701/GD (Concurrent Service)
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 92G10 Food Service Opns/31M10 Multi-Channel Como Equip Op   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ARCAM, NDSM, GWOTSM, ASR, AFRM w/ "M" Device, SCAM, SCMR,  
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:
      The evidence of record shows that on 3 May 2004, 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 (on numerous occasions, without authority, wrongfully used cocaine), with a general, under honorable conditions discharge.  He was advised of his rights. The applicant's election of rights, the unit and intermediate commander's recommendation for separation from the service, and the separation approving authority directing that the applicant be discharged are not contained in the available records and the analyst presumed Government regularity in the discharge process.  However, the record does contain a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty) which was not authenticated by the applicant's signature.  His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c (2), by reason of misconduct, with a characterization of service of general, under honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of JKQ (i.e., misconduct-commission of a serious offense/abuse of illegal drugs. 
      
      
      
      
      The analyst noted that corrections were made to the applicant's DD Form 214, Item 24, characterization of service was changed from honorable to "general", item 25,  was changed from AR 635-200, Chapter 4 to AR 635-200, "Chapter 14", and item 26, separation code was changed from LBK  to "JKQ."  However, items 27, reentry code and item 29, narrative reason for separation were not changed.  See DD Form 215 (Correction to DD Form 214).

      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 available records for the period of enlistment under review, the issues and documents he submitted, the analyst finds no facts that would merit an upgrade of the applicant's discharge.  The applicant’s record is void of the complete 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 not authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and Government regularity is presumed 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 (2) by reason of misconduct-commission of a serious offense, with a characterization of service of general, under honorable conditions.  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 reason for discharge and the characterization of service remains both proper and equitable. 
      
      
      
      
       

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 25 July 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 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 and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, voted to deny relief.



















 

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: 1 August 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060011685

Applicant Name:  Mr.        
______________________________________________________________________


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