Application Receipt Date: 06/09/15 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See 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: Retain Date: 05/03/16 Discharge Received: Date: 05/07/18 Chapter: 14 AR: 635-200 Reason: Misconduct RE: RE-4 SPD: JKK Unit/Location: 557th Maintenance Co, 13th Corps Support Battalion, FOB Speicher, Iraq APO AE 09393 Time Lost: None Article 15s (Charges/Dates/Punishment): 05/02/22, Wrongfully use cocaine a scheduled II controlled substance, on or about 04/12/06, Reduction to Private (E1); and Extra duty for 45 days, Field Grade Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 79/04/24 Current ENL Date: 04/01/29 Current ENL Term: 3 Years Current ENL Service: 01 Yrs, 05 Mos, 20Days Total Service: 3 Yrs, 01Mos, 27Days Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: 62B10 Const Equip Rep GT: 90 EDU: HS Grad Overseas: IRAQ Combat: IRAQ (04/12/15-05/05/13) Decorations/Awards: GWOTSM, NDSM, ARICM, ASR, V. Post-Discharge Activity Home of Record: Post Service Accomplishments: Applicant states he is enrolled in South West College to become an Emergency Medical Technician VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 16 March 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-commision of a serious offense for use of cocaine (04/12/06). The unit commander recommended retain on active duty. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did submit a statement in his own behalf. The intermediate commander reviewed the proposed discharge action and recommended retain on active duty. On 18 July 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: The analyst carefully examined the applicant’s record of service during the period of enlistment under review and the documents he submitted. There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses. The analyst determined that the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Records Review Date: 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 No change - Character Change No change - Reason (Board member names available upon request) IX. Board Discussion, Determination, and Recommendation Case report reviewed and verified by: Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Other: RE Code: Grade Restoration: No Yes Grade: XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: Lieutenant Colonel, U.S. Army Chief, Secretary Recorder