Application Receipt Date: 061026	

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: NIF
Discharge Received:     Date: 981209   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKK
Unit/Location: A Troop, 1st Squadron, 3d Armored Cavalry Regiment, Fort Carson, CO 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 980903/Wrongful use of marijuana on or between (980602) and (980702)/(Field Grade).

Second Article 15: 981001/Wrongful use of marijuana on or between (980731) and (980831)/(Field Grade).

Third Article 15: 981116/Wrongful use of marijuana on or between (980905) and (981005)/(Field Grade).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  710530  
Current ENL Date: 970826    Current ENL Term: 03 Years  ?????
Current ENL Service: 01 Yrs, 03Mos, 14Days ?????
Total Service:  04 Yrs, 02Mos, 00Days (Applicant's DD Form 214 improperly shows 4 year, 10 months, and 26 days of "Total Prior Inactive Service" should read 4 yrs, 2 mos, 00 days. 
Previous Discharges: RA-891114-920929/GD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 19D10 (Cavalry Scout)   GT: 112   EDU: HS Grad   Overseas: Saudi Arabia   Combat: Southwest Asia (911226-920507)
Decorations/Awards: ARCOM, AAM, NDSM, SWASM (w/bronze service star) ASR, KLM-SA, 
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: See applicant's supporting documents.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The applicant's record is void of the unit commanders notification, and the analyst is presuming Government Regularity in the discharge process.  However, the  record shows that the applicant consulted with legal counsel, was advised of the impact of the discharge action.  On 1 December 1998, the applicant requested consideration of his case by an administrative separation board, because he believed he was being considered for a separation under other than honorable conditions.  Furthermore, the applicant submitted a conditional waiver 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 and waiver of further rehabilitative efforts under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of a serious offense, with a general, under honorable conditions discharge.  The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 1 December 1998, 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's letter of notification initiating separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct is not in his file.  However, the analyst noted that the applicant submitted a conditional waiver contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge because he believed he was being considered for a separation under other than honorable conditions.  According to AR 635-200 and in the evidence of record it appears that the unit commander used adminstrative separation board proceedings which require the signature of the General Court-Marital Convening Authority.  In view of the foregoing the analyst concluded 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: 11 June 2007              
Location: Atlanta

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: None




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, hearing his testimony, 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 entail a change to the RE code to "3."



















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

Case Number AR20060015165

Applicant Name:  Mr.        
______________________________________________________________________


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