Application Receipt Date: 060405 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents. 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: 950707 Discharge Received: Date: 950726 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: HHC U.S. Army Missle Command Redstone Arsenal, AL 35897 Time Lost: None Article 15s (Charges/Dates/Punishment): 950209-wrongfully use cocaine, between on or About (940926) and (941026), (Field Grade). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 711117 Current ENL Date: 940614 Current ENL Term: 5 Years ????? Current ENL Service: 01 Yrs, 01 Mos, 13 Days ????? Total Service: 01 Yrs, 01 Mos, 13 Days ????? Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: 95B10 Military Police GT: 105 EDU: MA Degree Overseas: None Combat: None Decorations/Awards: NDSM, ASR, C/Ach V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: The applicant received certificates of completion from the Community College of Philadelphia for forty five hours of training in Psychosocial Aspects of Alcoholism and Drug Addition, Introduction to Helping Skills. He also received a certificate in the Alcohol and Drug Abuse Curriculum, culminating in an Associate Degree in Applied Science. He further received Bachelor and Master of Arts Degrees from Alvernia College. The Pennsylvania Chemical Abuse Certification Board (PCACB), certified him as an Associate Addition Counselor and the Pennsylvania Certification Board (PCB), recognized him as a certified Addiction Counselor. The International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse, Incorporated, certified him as an Internationally Certified Alcohol and Drug Counselor, attested to by the PCB. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 29 June 1995, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct (on 7 February 1995, he received a Field Grade article 15 for wrongful use of cocaine. On 15 February 1995 and 24 March 1995, he failed to report to his appointed place of duty. On 27 April 1995, he received a counseling statement for dereliction of duty. On 2 June 1995, he again failed to report to his appointed place of duty and his performance of duty does not reflect the proper military bearing or motivation required for continued service ), 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 submitted a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 13 July 1995, 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 during the period of enlistment under review, the issues and documents he submitted, the anayst recommend that the applicant’s characterization of service be upgraded to fully honorable. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is now inequitable. The analyst found the time that has elasped since his discharge and his post service accomplishments, 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: 2 April 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: Yes Witnesses/Observers: No Exhibits Submitted: No 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. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to fully honorable. However, 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. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 11 April 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060004878 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages