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. ______________________________________________________________________ Page 6 of 6 pages