Applicant Name: ????? Application Receipt Date: 2009/03/16 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and supporting documents submitted by the applicant. 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: 060620 Discharge Received: Date: 060725 Chapter: 14-12c AR: 635-200 Reason: Misconduct (Serious Offense) RE: SPD: JKQ Unit/Location: Ft Lewis, WA Time Lost: None Article 15s (Charges/Dates/Punishment): 060601, without authority go from your appointed place of duty on or about 060515, reduction to E4, forfeiture of $1009 pay per month for two months, extra duty and restriction for 45 days, suspended to be automatically remitted if not vacated before 060929. 060506, wrongfully use cocaine on or about (060320-060327); reduction to E5, forfeiture of $1201 pay per month for two months; extra duty and restriction for 45 days (FG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 31 Current ENL Date: 050802 Current ENL Term: 5 Years ????? Current ENL Service: 5 Yrs, 01Mos, 18Days ????? Total Service: 10 Yrs, 10Mos, 14Days ????? Previous Discharges: RA 960913-990912/HD ARNG 991012-010102/GD RA 031205-050801/HD Highest Grade: E6 Performance Ratings Available: Yes No MOS: 11B10/Infantryman GT: 104 EDU: HS Grad Overseas: SWA Combat: Iraq (040914-050914) Decorations/Awards: AAMx2, AGCMx2, NDSM, ICM, GWOTSM, ASR, OSR, CIB V. Post-Discharge Activity City, State: Tacoma, WA Post Service Accomplishments: None submitted by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 20 June 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12c(2), AR 635-200, by reason of misconduct—for wrongfully use cocaine and failed to show up for extra duty, with an under other than honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived his right to an administrative separation board 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. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 29 June 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 of this regulation 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, however, a general 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 available military records, and the issue and documents submitted with the application, the analyst found several mitigating factors that would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions. 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 quality and length of the applicant's service to include the former Soldier’s combat service mitigated the discrediting entries in his service record. Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions. 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: 4 December 2009 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of his service to include his combat service and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined that the reason for discharge was proper and equitable and voted not to change it. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 4 No change 1 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090006674 ______________________________________________________________________________ Page 1 of 3 pages