Application Receipt Date: 060302 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he would greatly appreciate his discharge being upgraded to honorable, for the purpose of a job, he has been trying to get. He have been in good standards with his prior job with the US Treasury-IRS, since February 2001, until May of 2005. 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: NIF Discharge Received: Date: 940225 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: HQ Company, US Army Garrison (TRADOC) TC, Carlisle Barracks, PA 17013-5003 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: 570204 Current ENL Date: Reenl/930115 Current ENL Term: 4 Years ????? Current ENL Service: 1 Yrs, 1 Mos, 11 Days ????? Total Service: 13 Yrs, 2 Mos, 4 Days ????? Previous Discharges: USAR-760512-761113/NA ADT-761114-770310/HD USAR-770311-820511/NA USAR-860911-861201/NA RA-861202-900731/HD RA-900801-930114/HD Highest Grade: E5 Performance Ratings Available: Yes No MOS: 75C20 Personnel Management Specialist/74D20 Information System Operator GT: 103 EDU: HS Grad Overseas: Alaska (Prior Srv/870227-910803) Combat: None Decorations/Awards: ARCOM, AAM, GCMDL (2), NDSM, NCOPDR, ASR, OSR, C/Ach (4) V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: See DD Form 293 VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the evidence of record shows that on 4 February 1994, the separation authority approved the discharge with a general, under honorable conditions discharge. Furthermore, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, Paragraph 12c(2), AR 635-200, by reason of misconduct-abuse of illegal drugs with a characterization of service of general, under honorable conditions and a reeentry eligibility code of 4. Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct-abuse of illegal drugs) On 8 February 1994, Orders 18-1, DA, HQ, Carlisle Barracks, Carlisle, PA 17013-5002, discharged the applicant from the Regular Army, effective date: 25 February 1994. 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 available military records, and the issue he submitted, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to fully honorable. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is now inequitable. The analyst found that the overall length and quality of the applicant's service and the time that has elasped since his discharge mitigated the discrediting entry in his service record. However, the analyst determined that the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 10 Janaury 2007 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 available 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. 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: 12 January 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060003156 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages