Application Receipt Date: 060127 Prior Review Prior Review Date: Records Review on 051109 I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The applicant is requesting a change to the narrative reason for separation of his discharge so that he can reenter the service. He states, in effect, that since the Army Discharge Review Board (ADRB) voted unanimously to upgrade his characterization of service, the "only obstacle left is line 28 of his DD Form 214" which lists the narrative reason for separation as "unacceptable conduct." He states that nowhere in his military records is there evidence or indication of "unacceptable conduct." He contends that a positive drug test result is just that, "a computer test that does not equal unacceptable conduct." He asks for justice and humanitarian consideration. 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: 010305 Discharge Received: Date: 020605 Chapter: 4 AR: 600-8-24 Reason: Unacceptable Conduct RE: SPD: JNC Unit/Location: C Company, Academy Battalion, Center Brigade, Fort Sam Houston, TX Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 661223 Current ENL Date: 960504 Current ENL Term: Indef Years ????? Current ENL Service: 6 Yrs, 1Mos, 2Days ????? Total Service: 15 Yrs, 3Mos, 1Days Includes 1 Year, 8 Months, 16 Days Inactive Service Previous Discharges: USAF, 870305 to 940818, Honorable Highest Grade: O3 Performance Ratings Available: Yes No MOS: 67A (Health Services) GT: NA EDU: Coll Grad Overseas: Alaska, Greenland, Egypt, Honduras Combat: None Decorations/Awards: ARCOM, AAM, NDSM (2), JSAM, AR, OSR, HSM, AFCM, AFAM (6), AFGCMDL V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 14 March 2001, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, AR 600-8-24, by reason of misconduct, moral or professional dereliction. The applicant was directed to show cause for his retention in the Army after testing positive for cocaine use. He was advised that he could submit a voluntary resignation in lieu of elimination or submit a rebuttal and request an appearance before a Board of Inquiry. On 11 July 2001, the applicant appeared, with counsel, before a Board of Inquiry (Show Cause Board). The Board found that the applicant committed an act of personal misconduct by wrongfully using cocaine and that he engaged in conduct unbecoming an officer. The Board recommended separation with a general, under honorable conditions discharge. The Ad Hoc Review Board recommended that the applicant’s elimination be accepted with issuance of a general, under honorable conditions discharge. On 30 April 2002, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed that the applicant be discharge with a characterization of service of general, under honorable conditions. On 9 November 2005, the ADRB considered the applicant's request for a change of characterization and a change of reason. The Board concluded that the characterization of service was too harsh and voted to upgrade it to fully honorable. The Board determined that the reason for discharge was fully supported in the record, and voted not to change it. The applicant was notified of the Board's determination and subsequent action on 14 December 2005. b. Legal Basis for Separation: Army Regulation 600-8-24 sets for the basic authority for officer transfers and discharges. Chapter 4 outlines the policy and procedure for eliminating an officer from the Army for substandard performance of duty, misconduct, moral or professional dereliction, and the interest of national security. AR 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. c. Response to Issues, Recommendation and Rationale: The applicant’s contentions are noted; however, entry of the narrative reason for separation is quite clear and is governed by specific directives. The applicant was discharged under the provisions of paragraph 4-2b, AR 600-8-24. The narrative reason specified by Army Regulations for a discharge under this paragraph is "unacceptable conduct." There is no provision for any other reason to be entered. There is no evidence in the records that the command's action was erroneous, or that the applicant was not provided due process throughout the separation proceedings. In view of the foregoing, the narrative reason for discharge is proper and equitable and it is recommended that the Board vote to deny relief in this case. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 060323 Location: San Antonio Did the Applicant Testify? Yes No Counsel: ????? Witnesses/Observers: [name redacted] (Father) Exhibits Submitted: ????? 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 narrative reason for discharge was inequitable based on the applicant's overall length and quality of service, post service accomplishments, and circumstances surrounding the unacceptable conduct. Case report reviewed and verified by: Richard P. Nelson, Examiner X. Board Action Directed No Change Change Characterization to: Change Reason to: Miscellanous/General Other: IT SHOULD BE NOTED THAT THE ARDB UPGRADED THE APPLICANT'S CHARACTERIZATION OF SERVICE TO FULLY HONORABLE IN CASE NUMBER AR20050003567 on 9 November 2005. RE Code: Grade Restoration: No Yes Grade: ????? XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: ESMERALDA G. PROCTOR DATE: 060407 Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060001416 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages