Application Receipt Date: 060303 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that since I was a boy I had always wanted to be a soldier. I would proudly parade wearing my father's uniform. After I finally enlisted, I knew I wanted to be a career soldier. As a Private I would carry a Sergeant Major rank in my pocket as motivation. While stationed at Fort Hood, TX, my marriage began suffering. After some time, my wife and I decided to separate, and she and our two children moved back home to North Carolina. By this time I was an E3 and working on E4. I was volunteering to go on rotation to NTC, CA since my family had just left. It was a difficult time. When I returned from NTC a few friends wanted to take me out to get out of the house. They knew of my situation and were trying to cheer me up. I made a mistake and smoked a joint of pot, the very next morning we had a battalion drug test and I failed. Because of this incident, and my recent separation, my commander decided I should go home to my family and be released from service. Shortly after I was discharged. Since I have learned I am not eligible for reentry to the military and I have lost many job offers due to the Under Honorable Conditions discharge. I am currently in school, full time, but struggling to support myself and my family because of my tarnished record. 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: 000210 Discharge Received: Date: 000308 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: C Company, 299th Engineer Battalion, 1st Brigade, 4th Infantry division (Mechanized), Fort Hood, TX 76544 Time Lost: None Article 15s (Charges/Dates/Punishment): 000124, wrongfully used THC (marijuana) on or between (991117-991216); (Field Grade) Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 741220 Current ENL Date: 980930 Current ENL Term: 3 Years ????? Current ENL Service: 1 Yrs, 5 Mos, 9 Days ????? Total Service: 1 Yrs, 5 Mos, 9 Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 12B10 Combat Engineer GT: 126 EDU: GED Overseas: None Combat: None Decorations/Awards: ASR 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 4 February 2000, 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/abuse of illegal drugs (received a Field Grade Article 15 for wrongfully using THC, marijuana), 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 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 intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 17 February 2000, 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, 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, the discharge is improper. 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 to the Board. 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: 10 January 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 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 and is improper. Accordingly, the Board voted to grant 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. This action does not entail a change to the reentry eligibility (RE) code. 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: Secretarial Authority under Chapter 5, AR 635-200 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 AR20060003184 Applicant Name: ______________________________________________________________________ Page 6 of 6 pages