Application Receipt Date: 061102 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293, with attachments. The applicant submitted nine (9) documents pertaining to his achievements while on active duty in the Army. 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: 040910 Discharge Received: Date: 041029 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: Company B, 1st Battalion, 327th Infantry Regiment, 101st Airborne Division (AASLT), Fort Campbell, KY 42223 Time Lost: None Article 15s (Charges/Dates/Punishment): 040802-wrongfull use of marijuana between (040522-040621); Field Grade. Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 790903 Current ENL Date: 010118 Current ENL Term: 4 Years ????? Current ENL Service: 3 Yrs, 9 Mos, 12 Days ????? Total Service: 3 Yrs, 9 Mos, 12Days ????? Previous Discharges: None Highest Grade: E-5 Performance Ratings Available: Yes No MOS: 11B1P, Infantryman GT: 114 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq-030301-040215 Decorations/Awards: GCM, GWOTEM, GWOTSM, NDSM, ASR, OSB (2), CIB V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None were submitted. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 10 August 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct - commission of a serious offense (you tested positive for marijuana use on 21 June 2004), with a general, under honorable conditions discharge. He was advised of his rights. The applicant consulted legal counsel, was advised of the impact of the discharge action, and submitted a statement in 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 of the separation action with a general, under honorable conditions discharge. On 15 October 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. 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, commission of a serious offense, convictions by civil authorities, desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is 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 characterization of service to fully honorable. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. While the applicant's misconduct is not condoned, 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 overall length and quality of the applicant's service, to include his combat service, mitigated the discrediting entry in his service record. However, the reason for discharge remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 14 March 2007 Location: Dallas, TX Did the Applicant Testify? Yes No Counsel: yes [redacted] Witnesses/Observers: None Exhibits Submitted: Employment earnings verification, Deed of Property ownership, Letter of Recommendation 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 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 is now inequitable. The Board found that the length and quality of the applicant’s service, to include his combat service, and his post service accomplishments, mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant 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 entails a change to the reentry eligibility (RE) code to “1.” Case report reviewed and verified by: Mr. John Zangas, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Secretarial Authority, under Ch 5, AR 635-200 Other: None RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 23 March 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060015463 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages