Application Receipt Date: 060828	

Prior Review    Prior Review Date: None

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

Issues: The applicant states, in effect, that he wants DD Form 214 Block 27 changed; change reentry code from 4 to 3.  He is trying to reenlist and return to active duty.  He has been discharged for 10 years, and has been in no legal trouble, in that time.  He has matured and has a family at this time.  He would like to be eligible to reenlist and continue his military career.  

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: 960214
Discharge Received:     Date: 960312   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKK
Unit/Location: HHC, 1st Battalion, 66th Armor, 4th Infantry Division, Fort Hood, TX  76544 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 951227, Wrongfully used marijuana on or about (951106), (Field Grade)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  650125  
Current ENL Date: Reenl/931019    Current ENL Term: 4 Years  ?????
Current ENL Service: 2 Yrs, 4 Mos, 24 Days ?????
Total Service:  9 Yrs, 4 Mos, 9 Days ?????
Previous Discharges: USAR-861024-861103/NA
                                      RA-861104-890521/HD
                                      RA-890522-931018/HD
Highest Grade: E5
Performance Ratings Available: Yes    No 
MOS: 11C10 Indirect Fire Infantryman   GT: 109   EDU: HS Grad   Overseas: Korea (880613-890719), Saudi Arabia (901009-910612), Korea (930616-950327)   Combat: Kuwait 
Decorations/Awards: ARCOM (2), AAM (2), GCMDL (3), NDSM, SWASMw/3BSS, NCOPDR, ASR, OSR (2), KLMDL (K), CIB
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 10 February 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/abuse of illegal drugs , 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, 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 with a general, under honorable conditions discharge and waiver of further rehabilitative efforts.  On 22 February 1996, 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, 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: 20 September 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: N/A

Witnesses/Observers: N/A 

Exhibits Submitted: N/A




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 discharge was and is improper.  Accordingly, the Board voted to grant partial 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, voted to deny relief.  






















Case report reviewed and verified by: Mr. Ron Williams, 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: 


CHRISTINE U. MARTINSON			DATE: 28 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060012202

Applicant Name:  Mr.        
______________________________________________________________________


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