Application Receipt Date: 060123 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he feel that his discharge should be changed, because I was an extremely good soldier who made a stupid mistake, and was not given the opportunity to correct my actions by going to rehabilitation. If my request to stay in the United States Army had been granted, I would have proven that it was a one time stupid mistake! I am truly regretful that I ever allowed myself to get caught up in this circumstance. I should have made better choices even though at this time I was going thru personal problems in my marriage. I did make a bad decesion, and I am truly regretful for my actions, and do take full responsibility. I have however used this as a learning experience, and continued moving forward with my college education. I am currently a junior at the University of Texas at El Paso, working on my degree in Finance and Economics. Thank You for your time. 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: 010919 Discharge Received: Date: 011011 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: HQ & HQ Battery, 1st Battalion, 1st Air Defense Artillery, 31st Air Defense Artillery Brigade, Fort Bliss, TX 79916 Time Lost: None Article 15s (Charges/Dates/Punishment): 010711, wrongfully used cocaine between (010528-010604); (Field Grade) Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 710909 Current ENL Date: 000713 Current ENL Term: 3 Years ????? Current ENL Service: 1 Yrs, 2 Mos, 29 Days ????? Total Service: 5 Yrs, 6 Mos, 1 Days ????? Previous Discharges: USAR-960212-960410/NA RA-960411-000110/HD USARCG-000111-000712/NA Highest Grade: E4 Performance Ratings Available: Yes No MOS: 14T10 Patriot Missile Crewmember GT: 112 EDU: 14 Years Overseas: None Combat: None Decorations/Awards: AAM, GCMDL, ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: The applicant states that he is currently a junior at the University of Texas at El Paso, working on my degree in Finance and Economics. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 12 September 2001, 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 (he tested positive for the wrongful use of cocaine on a unit urinalysis that was conducted on 4 June 2001), with a general, under honorable conditions discharge. He was advised of his rights. The applicant consulted with 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 3 October 2001, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. The applicant has a CID Report of Investigation dated (010618) in his OMPF 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, and the issue he submitted, the analyst did not find said contentions sufficiently mitigating to warrant an upgrade of the discharge under review. The analyst determined that 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 reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 22 November 2006 Location: Washington, DC 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 characterization of service was too harsh, and as a result it is now inequitable. The Board found that the length and quality of the applicant’s service and his post service accomplishments, mitigated the discrediting entriy 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. The Board determined that the reason for discharge was both proper and equitable, and voted not to change it. Case report reviewed and verified by: Mr. Ron Williams, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: None 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: 27 November 2006 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060001310 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages