Application Receipt Date: 060921	

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: 040527
Discharge Received:     Date: 040611   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKK
Unit/Location: Headquarters and Headquarters Service Company, 15th Military Intelligence Battalion, 504th Military Intelligence Brigade (REAR) (PROV), Fort Hood, TX  76544 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040423/Wrongfully used THC on or between (040222 and 040322)/(Field Grade).

040518/Wrongfully used THC on or between (040329 and 040429)/(Field Grade).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  770731  
Current ENL Date: 020131    Current ENL Term: 03 Years  ?????
Current ENL Service: 02 Yrs, 04Mos, 11Days ?????
Total Service:  09 Yrs, 07Mos, 14Days ?????
Previous Discharges: ARNG-941028-950605/NA
                                      ADT-950606-951024/UNC
                                      ARNG-951025-001027/HD
                                      USARCG-001028-010530/NA
                                      USAR-010531-020130/HD
Highest Grade: E5
Performance Ratings Available: Yes    No 
MOS: 68W10 (Health Care Specialist)   GT: 107   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: GWOTSM, NDSM (2d Award), ASR
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 27 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 (tested positive for THC, a Schedule I controlled substance on 22 March 2004 and 29 April 2004), with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf.  The applicant voluntarily waived consideration of his case by an administartive separation board contingent upon receiving a characterization of service or description of separation no less favorable than a general, under honorable conditions discharge.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  On 2 June 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
      
      The applicant has a Military Police Report dated 15 April 2004, 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, 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, and the issue he submitted, the analyst noted that the government introduced into the discharge packet the results of a biochemical test that was part of the applicant's ASAP treatment plan.  This is limited use information as defined in Chapter 6, AR 600-85.  Use of this information mandates award of a fully honorable characterization of service.  In view of the foregoing, the analyst determined that the characterization of service is improper.  Accordingly, the analyst recommends that the applicant's characterization of service be upgraded to fully honorable.  However, the analyst found that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.   

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 26 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 characterization of service 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.  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: 


CHRISTINE U. MARTINSON			DATE: 2 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060013377

Applicant Name:  Mr.        
______________________________________________________________________


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