Application Receipt Date: 060816 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: 040503 Discharge Received: Date: 040504 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKQ Unit/Location: Eisenhower AMC Medical Holding Company, Fort Gordon, GA 30905 Time Lost: None Article 15s (Charges/Dates/Punishment): 040504-wrongfully use cocaine, on or about (040224), (Field Grade). 031216-wrongfully use cocaine, between on or about (03905) and (03908), (Field Grade). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 610101 Current ENL Date: 040315 Current ENL Term: 00 Years 51 days; item 12a on DD form 214, date entered active duty this period is incorrect, should read (040315), see active duty orders. Current ENL Service: 00 Yrs, 01 Mos, 20 Days ????? Total Service: 13 Yrs, 10 Mos, 15 Days ????? Previous Discharges: ARNG-791208-851207/HD IADT-800211-800628/HD (Concurrent Service) ARNG-900809-920808/HD ARNG-980817-040701/GD (Concurrent Service) Highest Grade: E4 Performance Ratings Available: Yes No MOS: 92G10 Food Service Opns/31M10 Multi-Channel Como Equip Op GT: NIF EDU: HS Grad Overseas: None Combat: None Decorations/Awards: ARCAM, NDSM, GWOTSM, ASR, AFRM w/ "M" Device, SCAM, SCMR, 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: The evidence of record shows that on 3 May 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—commission of a serious offense (on numerous occasions, without authority, wrongfully used cocaine), with a general, under honorable conditions discharge. He was advised of his rights. The applicant's election of rights, the unit and intermediate commander's recommendation for separation from the service, and the separation approving authority directing that the applicant be discharged are not contained in the available records and the analyst presumed Government regularity in the discharge process. However, the record does contain a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty) which was not authenticated by the applicant's signature. His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c (2), by reason of misconduct, with a characterization of service of general, under honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JKQ (i.e., misconduct-commission of a serious offense/abuse of illegal drugs. The analyst noted that corrections were made to the applicant's DD Form 214, Item 24, characterization of service was changed from honorable to "general", item 25, was changed from AR 635-200, Chapter 4 to AR 635-200, "Chapter 14", and item 26, separation code was changed from LBK to "JKQ." However, items 27, reentry code and item 29, narrative reason for separation were not changed. See DD Form 215 (Correction to DD Form 214). 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 records for the period of enlistment under review, the issues and documents he submitted, the analyst finds no facts that would merit an upgrade of the applicant's discharge. The applicant’s record is void of the complete facts and circumstances concerning the events that led to his discharge from the Army. However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and Government regularity is presumed in the discharge process. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c (2) by reason of misconduct-commission of a serious offense, with a characterization of service of general, under honorable conditions. Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Therefore, the reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 25 July 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 0 No change 5 - Character Change 0 No change 5 - 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 and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, voted to deny relief. 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: 1 August 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060011685 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages