Application Receipt Date: 2006/09/13	

Prior Review    Prior Review Date: None

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

Issues: lThis request is for the sole purpose of re-entry.  Applicant is requesting an HD and reentry code from RE4 to RE3.  He wants to return to the Army he loved and for which he fought.  He was discharged for a positive urine analysis.  He was going through a tough divorce as his wife was having an affair upon his return form his second deployment.  The U.A. NCO offered him an illegal substance.  It was a vulnerable time in his life and he was mislead by his own leadership.  He was a Forward Observer in the Battle for Bagdad, joining the Army at age 18 and serving for the next five years.  He has tried different careers in the past year but life isn’t the same anymore.  If allowed to return the Army will be a career for life.  He realizes he let himself, his family and country down but two deployments, one re-enlistment on Sadam’s Presidential Throne in Bagdad and all the “that-a-boys” were demolished in one moment of weakness.  Please consider his request for reentry and to make this a career for life.

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: 2005/06/30
Discharge Received:     Date: 2005/08/31   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKK
Unit/Location: 319th Airborne Field Artillery Regiment, 82nd Airborne Division, Fort Bragg NC 28310 

Time Lost: Military confinement for 30 days, (050401-050430).  DD214 does not indicate any time lost but applicant files shows a confinement order for 30 days (050401-050430) resutling from a Summary  Court Martial for wrongfully using cocaine.

Article 15s (Charges/Dates/Punishment): 04/08/12, Disobeying a lawful order from a Non-Commissioned officer between on or about (04/06/30 and 04/07/29) (Company Grade.)

2nd Article 15, 00/01/14, Wrongfully used Cocaine between on or about (04/11/10 and 04/12/10) (Field Grade)



Court-Martials (Charges/Dates/Punishment): Summary Court Martial for wrongfully using Cocaine between on or about (04/12/14 and 05/01/14).  He was sentenced to 30 days confinement.????


Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  19820612  
Current ENL Date: 2003/09/29    Current ENL Term: 3 Years  ?????
Current ENL Service: 2 Yrs, 00Mos, 02Days ?????
Total Service:  5 Yrs, 00Mos, 2Days ?????
Previous Discharges: RA - 00/08/29-03/09/28 HD
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 13B1P (Cannon Crewmen)   GT: 105   EDU: HS GRAD   Overseas: None   Combat: Iraq (Date NIF), Applicant states he served in Afghanistan (Date NIF)
Decorations/Awards: NDSM, GWOTM,GWOTM,ASR, PARABADGE
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on  30 June 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—pattern of misconduct, disobeying a lawful order from a Superior NCO, an Article 15 for wrongful use of Cocaine and Summary Court Martial for a second offense of wrongful use of Cocaine, with an under other than honorable discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did  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 31 August 2005, 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, 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 independent evidence he submitted, 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.  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: 24 October 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 discharge was and is improper.  Accordingly, the Board voted to grant  relief in the form of an upgrade of the characterization of service to fully honorable.  This action does not entail a change to the Reason or reentry eligibility (RE) code. Additionally, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) Code of “4”.  A RE Code of “4” can not be waived and the applicant is no longer eligible for reenlistment.  

Case report reviewed and verified by: Chuck Busick, 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: 










XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 26 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060013025

Applicant Name:  Mr.        
______________________________________________________________________


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