Application Receipt Date: 060106 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 stated in essence that his discharge was based on one incident in over nine years of service. 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: 050121 Discharge Received: Date: 050202 Chapter: 14-12c(2) AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: Battery B, 3rd Battalion, 6th Air Defense Artillery Regiment, 6th Air Defense Artillery Brigade, Fort Bliss, TX 79916 Time Lost: None Article 15s (Charges/Dates/Punishment): 050111-wrongfull use of cocaine, between on or about 8 November 2004 and 15 November 2004 (FG). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 750409 Current ENL Date: 990524 Current ENL Term: 4 Years ????? Current ENL Service: 1 Yrs, 2 Mos, 5 Days ????? Total Service: 9 Yrs, 11 Mos, 2Days ????? Previous Discharges: RA 950301-990523/HD RA 990524-031124/HD Highest Grade: E6 Performance Ratings Available: Yes No MOS: 14E2h, Patriot Fire Control Operator; 82C2H, Field Artillery Surveyor GT: NIF EDU: HS Grad Overseas: Kuwait 021123-030525 Combat: None Decorations/Awards: ARCOM (4), AAM (3), ASUA (1), AGCM (3), NDSR (2), GWOTSM, AFEM (2), AFSM, ASR. V. Post-Discharge Activity Home of Record: ????? Current Address: Post Service Accomplishments: None VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 20 January 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct, commission of a serious offense/abuse of illegal drugs (he tested positive for cocaine), with a general, under honorable conditions discharge. He was advised of his rights. The applicant waived 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. On 31 January 2005, 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. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records, and the independent evidence he submitted, the analyst noted 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. 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: 8 November 2006 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A 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 improper. Accordingly, the Board voted to grant relief in the form of an upgrade of 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 'RE-3.' 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 Other: ????? RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 13 November 2006 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060000395 Applicant Name: ______________________________________________________________________ Page 3 of 6 pages