Application Receipt Date: 060331 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 with attachments 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: 041210 Discharge Received: Date: 050128 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: E Company, 3rd Battalion, 101st Aviation Regiment, 21st Cavalry Brigade (Air Combat), Fort Hood, TX 76544 Time Lost: None Article 15s (Charges/Dates/Punishment): 041006, wrongfully used marijuana between (040817-040916), (Field Grade) 2nd Article 15, 041110, wrongfully used marijuana between (040920-041004) and failed to go to his appointed place of duty (041018), (Field Grade) The suspension of the punishment of forfeiture of $596.00 pay per month for two months imposed on (041006) was vacated, effective (041129) based on the applicant's offense of failing to go to his appointed place of duty (041018) and breaking restriction (041023) Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 790804 Current ENL Date: 031119 Current ENL Term: 4 Years ????? Current ENL Service: 1 Yrs, 2 Mos, 10 Days ????? Total Service: 1 Yrs, 2 Mos, 10 Days ????? Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: 88M10 Motor Transport Operator GT: 93 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, GWOTSM, ASR 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: Evidence of record shows that on 6 December 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—abuse of illegal drugs (produced a positive urinalysis for marijuana 16 September 2004 and 4 October 2004, failed to be at your appointed place of duty and violated your restriction), 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 11 January 2005, 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, and the issue he submitted, the characterization of service is improper. The analyst noted that the government introduced into the discharge packet the results of a command directed competence for duty (i.e., fitness for duty) biochemical test. This is limited use information as defined in Chapter 6, AR 600-85. Use of this information mandates award of a fully honorable characterization of service. Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable. However, the analyst found that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 31 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 characterization of service was and is improper. Accordingly, the Board voted to grant relief by changing 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: 2 February 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060004610 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 6 pages