Application Receipt Date: 060927 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: Applicants states that he served honorably for almost six and a half years and re-enlisted twice. He further states he served in Korea and in Iraq for six months and always did his best 100% of the time. He messed up during his last enlistment and feels that this incident shouldn't characterize his entire military career. He risked his life for this country, served proudly, and wants to serve again. 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: 050919 Discharge Received: Date: 060124 Chapter: 14-12c AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: D Troop, 2-9th Cavalry Regiment, Fort Carson, CO Time Lost: None Article 15s (Charges/Dates/Punishment): 050502, failing to go to his place of duty (050328), reduction to E-3, forfeiture of $382 (suspended), 14 days extra duty (CG). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 760511 Current ENL Date: 040917 Current ENL Term: 4 Years Current ENL Service: 1 Yrs, 4Mos, 8Days Total Service: 6 Yrs, 4Mos, 9Days Previous Discharges: RA 990916-030810/HD RA 030811-040916/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 92G10/Food Svc Ops GT: 114 EDU: HS Grad Overseas: Korea, SWA Combat: Kuwait/Iraq (030404-040228) Decorations/Awards: ARCOM-2, AAM-2, AGCM, NDSM, GWOTSM, ASR, ICM, KDSM V. Post-Discharge Activity Post Service Accomplishments: None listed. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 19 September 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4-12c(2), AR 635-200, by reason of misconduct—abuse of illegal drugs, positive urinalysis for cocaine (050617), and for stealing $116.55 of military funds from the Dining Facility (050614), with an under other than honorable discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and on 20 September 2005 requested consideration of his case by an administrative separation board. The Board convened on 14 December 2005 and recommended that the applicant be separated from the service with a general discharge. On 10 January 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. There is a Military Police Report of Investigation, dated 27 June 2005 located in the available file. 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 analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. 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. Furthermore, at the time of discharge, the applicant was appropriately assigned a reentry eligibility (RE) code of "4". An RE code of "4" cannot be waived and the applicant is no longer eligible for reenlistment. Therefore, the analyst determined that 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: Date: 30 November 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 review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. Case report reviewed and verified by: Esmeralda Proctor, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA 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: 30 November 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder