Application Receipt Date: 061124	

Prior Review    Prior Review Date: None

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

Issues: See enclosed DD Form 293 submitted by the Applicant

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: 050708
Discharge Received:     Date: 060227   
Chapter: 14-12b    AR: 635-200
Reason: Pattern of Misconduct
RE:     SPD: JKA
Unit/Location: 19th Adjutant General Company (Replacement) (Airborne) Fort Bragg, NC 

Time Lost: AWOL x 2 for 10 days (040206-040211 and 040731-040803)

Article 15s (Charges/Dates/Punishment): 860716, wrongfully used some amount of cocaine (850401); forfeiture $200 x 2, oral reprimended by BN CO (FG). 

040317, AWOL for 6 days  (040206-040211); reduction to E-5 (suspended), $300 x 2, 30 days extra duty, and an oral reprimand (FG).  

040818, suspension of punishment of reduction to E-5 was vacated due to new UCMJ offenses (040731-040803).

040824, AWOL for 4 days (040731-040803) and wrongfully used cocaine; reduction to E-4, forfeiture $945 x 2, 45 days extra duty and 45 days restriction (suspended) (FG). 
 

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

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  661019  
Current ENL Date: 020320    Current ENL Term: INDEF Years       
Current ENL Service: 03 Yrs, 09Mos, 08Days      
Total Service:  20 Yrs, 00Mos, 21Days      
Previous Discharges: RA 860130-880616/HD
                                      RA 880617-891121/HD
                                      RA 891122-920629/HD
                                      RA 920630-940309/HD
                                      RA 940310-960626/HD
                                      RA 960627-020319/HD

Highest Grade: E-6
Performance Ratings Available: Yes    No 
MOS: 92G10/Food Service Ops; 42A10/HR Spec   GT: 122   EDU: 13 yrs    Overseas: Panama   Combat: None
Decorations/Awards: ARCOM-5, AGCM-6, GWOTSM, NCOPD-2, NDSM-2, ASR, OSR
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 8 July 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 for using cocaine (040731-040803), AWOL x 2 (040731-040803 and 040206-040211), and operating a motor vehicle while impaired (020701), with an under other than honorable conditions discharge.  He was advised of his rights.  On 22 July 2005 the applicant consulted with legal counsel. The applicant submitted a statement on 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 with an under other than honorable conditions discharge.  On 10 August 2006, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 29 September 2005 the administrative separation board convened; the applicant and his counsel did not appear before the board.  The board recommended that the applicant be discharged with issuance of a character of service of under other than honorable.  On 15 February 2006, the separation authority approved the recommendation of the administrative separation board and directed that the applicant be discharged with a characterization of service of under other than honorable conditions discharge.
      

      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 found several mitigating factors that would merit an upgrade of the applicant's characterization of service to honorable.  The analyst does not condone the applicant's misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The analyst found that the length and quality of the applicant's service mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends that the applicant's characterization of service be upgraded to fully honorable.  However, the analyst determined 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:                    
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          No change         - Character
		 			      Change          No change         - Reason
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation
     

Case report reviewed and verified by: Timon M. Oujiri, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to:      
Other:      
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:      
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060016442

Applicant Name:          
______________________________________________________________________


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