Applicant Name:  ?????

Application Receipt Date: 2011/05/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "Soldier was under disciplinary action due to behavior caused by medical condition, a condition interfering with duty, was discharged 26 October 2004 and remarks on DD214 stated MEMBER HAS COMPLETED FIRST FULL TERM OF SERVICE, it was understood that Soldier did not receive any decision/remarks to disciplinary action, and his time was not extended to determine so.  Discharge understood as Honorable.  My release contract date was 26 October 2004, this date was not extended to determine discharge characterization, Soldier has completed service and was released."

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 031022
Discharge Received: 			   Date: 041026   Chapter: 4-2b(11)      AR: 600-8-24
Reason: Secretarial Authority	   RE:     SPD: KFF   Unit/Location: B Co, 442d Sig Bn, Fort Gordon, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 030808, Wrongful use of cocaine between (030629 and 030708), forfeiture of $1,373.00 pay per month for two months ($1,000.00 suspended), (FG).

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  25
Current ENL Date: 011026    Current ENL Term: 03 Years  ?????
Current ENL Service: 	03 Yrs, 00 Mos, 01 Days ?????
Total Service:  		07 Yrs, 02 Mos, 27 Days ?????
Previous Discharges: 	USAR-970730-970831/NA
                                       ADT-970901-971204/UNC
                                       USAR-971205-011025/NA
Highest Grade: 01		Performance Ratings Available: Yes    No 
MOS: 25A/Signal General   GT: NA   EDU: NIF   Overseas: None   Combat: None
Decorations/Awards: AAM, NDSM, ASR 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None Listed







VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 22 October 2003, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, paragraph 4-2b(11), AR 600-8-24, by reason of misconduct, moral or professional dereliction.  
       
       The applicant was directed to show cause for retention in the Army after testing positive for cocaine use.  He was advised that he could submit a voluntary resignation in lieu of elimination or submit a rebuttal and request an appearance before a Board of Inquiry.  
       
       Evidence of record shows that the applicant acknowledged having received the memorandum recommending his involuntary separation from active duty and stated in writing that he would not make a statement or submit rebuttal in his behalf, however, his statement/rebuttal was enclosed.
       
       On 3 November 2003, the applicant requested that his case be forwarded to a Board of Inquiry, however, the record is void of any information related to a Board of Inquiry.
       
       On 24 September 2004, the Commander, Headquarters United States Army Signal Center and Fort Gordon, Fort Gordon, GA, recommended that the applicant be separated from the U.S. Army with a general, under honorable conditions discharge.
       
       The evidence record indicates that on 28 October 2004 , DA, HQ, 1st United States Army Signal Center and Fort Gordon, Fort Gordon, GA, Orders 302-0913 released the applicant from active duty effective 26 October 2004 and assigned him to the USAR Control Group.  
       
       On 3 February 2005, the Deputy Assistant Secretary (Army Review Boards) after the Department of the Army Ad Hoc Review Board had reviewed the applicant's Probationary Officer Elimination Case file, based on misconduct, moral or professional derelication of duty, disappoved the elimination action, because it contained substantive legal errors prejudicial to the rights of the applicant.  He also authorized the ordinary processing of the disability separation action.

       b.  Legal Basis for Separation:  
       Army Regulation 600-8-24 sets forth the basic authority for Officer Transfers and Discharges.  Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the term of service under review, the issues and documents submitted with the application, the analyst noted that the applicant was retained on active duty beyond his term of service.  
       
       The evidence of record shows that the Commander, Headquarters United States Army Signal Center and Fort Gordon, Fort Gordon, GA, forwarded the recommendation that the applicant be separated from the U.S. Army with an general, under honorable conditions discharge.  Further on 3 November 2004, the recommendation was submitted through the US Army Human Resources Command to the Deputy Assistant Secretary (Army Review Boards) for review.
       
       
       
       
       
       
       
       
       The evidence of record further shows that the applicant was ordered to Active Duty on 26 October 2001 for     3 years which would have given him a term of service end date of 26 October 2004.  However, the record shows that the applicant was past his term of service end date when the elimination proceedings were forwarded from the US Army Human Resources Command.  The applicant had completed his required period of active service.  
       
       Therefore, the analyst determined that the characterization service and the narrative reason for separation were both improper and the analyst recommends to the board that the characterization be upgraded to fully honorable and that the narrative reason for separation be changed to completion of required active service with a corresponding  separation program designator (SPD) code of MBK, under the provision of AR 600-8-24 paragraph 2-7.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 2 March 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, Department of Veterans Affairs Decision Letter, Discharge Orders, dated 28 October 2004, and DD Form 214 for the period of service under review.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the term of service under review and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was and is improper.  The evidence of record indicates the applicant had completed his required period of active service.  Accordingly, the Board voted to grant relief by changing the characterization of service to fully honorable and the narrative reason for separation to completion of required active service with a corresponding  separation program designator (SPD) code of MBK.
























        
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
Reason -     Change 5    No change 0
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: Completion of required active service with a corresponding separation program designator (SPD) code of MBK.
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder




















Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20110010950
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