Application Receipt Date: 060105 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 document. 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: 991006 Discharge Received: Date: 991102 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKQ Unit/Location: Headquarters and Headquarters Company, 82d Aviation Brigade, 82d Airborne Division, Fort Bragg, NC Time Lost: DD Form 214 (Certificate of Release or Discharge from Active Duty) show's AWOL 1 day 990726-990727, however, discharge packet and records show applicant as being AWOL also 990728-990823 (See applicant's notification letter and DA Form 4187, dtd 990825). Article 15s (Charges/Dates/Punishment): 990520/Disobeying a lawful order from a SFC/CG (Document make reference to a continuation sheet, however, no continuation sheet was found in the record). 2nd: A second Article 15 was found in the record for the wrongful use of cocaine, it also made reference to a continuation sheet which was not found in the record. This Article 15 was also not completed by all concern. Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 750907 Current ENL Date: 970515 Current ENL Term: 04 Years ????? Current ENL Service: 02 Yrs, 05Mos, 16Days (The net active service this period on the DD Form 214, item 12c should be: 2 yrs, 4 months, and 22 days) (See time lost). Total Service: 02 Yrs, 05Mos, 16Days ????? Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: 92A1P (Automated Logistics Specialist) GT: 101 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: Applicant states he is enrolled at [redacted] Community College. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 6 October 1999, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of a serious offense (wrongful use of marijuana on or between 24 May 1999 and 24 June 1999, wrongful use of cocaine on or between 22 June 1999 and 24 June 1999, AWOL from 26 July 1999 to 27 July 1999 and 28 July 1999 to 24 August 1999, and wrongful use of marijuana on or about 22 August 1999 and 22 September 1999), with an general, under honorable conditions discharge. He was advised of his rights. The applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action, 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 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, 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 evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review. The applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommend the Board vote to deny relief in this case. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 070305 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 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 discharge was both proper and equitable and voted not to change it. Case report reviewed and verified by: Eric Moore, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 070307 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060000394 Applicant Name: ______________________________________________________________________ Page 2 of 5 pages