Application Receipt Date: 060310 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293. 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: 941105 Discharge Received: Date: 950915 Chapter: 7 AR: 135-178 Reason: Misconduct RE: SPD: None Unit/Location: 186th Medical DG (Dental Services Headquarters), Building 664, Fort Sheridan, IL 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: ????? Current ENL Date: 911102 Current ENL Term: 06 Years ????? Current ENL Service: 03 Yrs, 10Mos, 14Days ????? Total Service: 18 Yrs, 06Mos, 20Days ????? Previous Discharges: RA-730929-750926/HD USAR (AT) 750927-790926/NA USAR-830224-911101/Concurrent Service Highest Grade: E5 Performance Ratings Available: Yes No MOS: 42D10 (Dental Laboratory Specialist) GT: 87 EDU: 2 yrs Coll Overseas: Honduras Combat: None Decorations/Awards: NDSM (w/bronze service star), ARCAM, ARCOTR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: States he has completed a drug screening at the MEPS in Dallas, TX. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 5 November 1994, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 7, AR 135-178, by reason of misconduct-abuse of illegal drugs (testing postive for THC-marijuana), with an under other than honorable conditions discharge. The applicant was advised of his rights and given 45 days to exercise that privilege. He was required to acknowlege receipt of that memorandum within 30 calendar days. However, failure to respond to that memorandum and request consideration by administrative separation board will be considered a waiver of that right. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 10 August 1995, the separation authority directed that the applicant be discharged with a characterization of service of under other than honorable conditions. DA, HQ, 86th U.S. Army Reserve Command Orders 255-008, dated 12 September 1995, discharged the applicant from the USAR, effective 15 September 1995, with a characterization of service of under other than honorable conditions. b. Legal Basis for Separation: Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel of the Army Reserve and Army National Guard. Chapter 7 of the regulation, in effect at the time, governed separation for acts or patterns of misconduct, including unsatisfactory participation. The regulation provided that the separation authority could disapprove the commander’s recommendation for discharge for misconduct and direct disposition by other means, disapprove the recommendation for separation for misconduct and direct separation for unsatisfactory performance, or convene a board of officers to determine whether the service member should be separated for misconduct. When discharged under this provision, Army policy states that the characterization of service will normally be under other than honorable conditions. The regulation also permitted the characterization of service as under honorable conditions, but did not authorize the characterization of service as honorable. 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 found several mitigating factors that would merit an upgrade of the characterization of service to general, under honorable conditions. 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 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 reason for discharge was both proper and equitable. This action entails a restoration of grade to sergeant/E5. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 13 March 2007 Location: Dallas, TX Did the Applicant Testify? Yes No Counsel: Yes Witnesses/Observers: None Exhibits Submitted: None 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 characterization of service was too harsh, and as a result it is now inequitable. The Board found that the overall length and quality of the applicant’s service, the time that has elasped since his discharge, and his post service accomplishments, mitigated the discrediting entry 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. This action entails a restoration of grade to sergeant/E5. Case report reviewed and verified by: Eric S. Moore, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: TO: ARBA Support Division-St Louis Date: 13 March 2007 The Army Discharge Review board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part 1 directs that the ARBA Support Division-St Louis issue a new discharge order to the applicant which reflects the following directed changes: (X) Change characterization of discharge to Honorable. (X) Other (see remarks below). Remarks: This action entails issuing a new order discharging the applicant from the Reserve of the Army with an Honorable characterization of service. RE Code: Grade Restoration: No Yes Grade: E5 XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 23 March 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060003531 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages