Application Receipt Date: 2006/10/06 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See attached DD 293 with documents submitted by the applicant. 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: 06/07/27 Discharge Received: Date: 06/08/15 Chapter: 14 paragraph 14-12c AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: Headquarters and Headquarters Company 1st Battalion, 26th Infantry Regiment, 2nd Brigade, Ist Infantry Division, APO, AE 09033 Time Lost: None Article 15s (Charges/Dates/Punishment): 06/03/23, on or about 3 Dec 2005. unlawfully choke Kim D. Johnson with your hands; on or about 3 Dec 2005, unlawfully push Kim D. Johnson; on or about 3 Dec 2005, wrongfully communicate to Kim D. Johnson a threat to kill her. Reduction to E-4, forfeiture of $1009.00 pay for two months, (suspended). Court-Martials (Charges/Dates/Punishment): Summary 06/07/19, on or about 19 May 2006, physically control vehicle to wit a passenger car, while drunk; on or about 1 June 2006, violated a lawful general regulation, to wit: paragraph 7 (b), USAEUR Regulation 600-1 dated 1 July 1999, by wrongfully operating a POV while his operator's POV driving privileges were suspended or revoked; on or about 14 July 2006, without authority, absent himself from his unit,HHC, 1-26 IN 2BDE, 1ID, and did remain so until on or about 15 July 2006; on or about 27 June 2006, with authority, absent himself from his unit, HHC, 1-26 IN 2BDE, 1ID and did remain so until on or about 5 July 2006; on or about 30 May 2006, without authority, absent himself from his unit, HHC 1-26 IN BDE, 1ID and did remain so until on or about 1 June 2006. Reduced to E1 and forfeiture $849.00 pay per month for one month. Counseling Records Available: Yes No IV. Soldier's Overall Record DOB: 75/10/22 Current ENL Date: 04/08/25 Current ENL Term: 4 Years (Reenlisted in Iraq, not reflected in current DD 214) Current ENL Service: 01 Yrs, 11Mos, 21Days Total Service: 07 Yrs, 00Mos, 20Days Previous Discharges: USAR, 990726 - 001017 / NA, RA 001018 - 040824 / HD Highest Grade: E-5 Performance Ratings Available: Yes No MOS: 91W10 Health Care Specialist GT: 113 EDU: GED Cert Overseas: 03/06/09 Combat: Iraq (dates not contained in the record). Decorations/Awards: ACM, AAM,AGCM, NDSM, AFEM, GWOTEM, GWOTSM, NCOPD, ASR, OSR (2nd Award), CMB, D/MB V. Post-Discharge Activity Home of Record: Post Service Accomplishments: None listed. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 27 July 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct-(applicant on several occasions remained absent from his unit without authority, violations of a lawful general order, to wit, physically controlled a passenger car while intoxicated, unlawfully assaulted Mrs. Kim D. Johnson and wrongfully communicated a threat to kill Mrs. Kim D. Johnson), with an Other than Honorable discharge. He was advised of his rights. The applicant consulted with legal counsel and was advised of the impact of the discharge action, waived his rights to a administrative separation board, 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 commanders reviewed the proposed discharge action and recommended approval of the separation action with a under other than Honorable conditions discharge. On 2 August 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than 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 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. 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: 071130 Location: Washingon 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 5 No change 0 - 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 and considering the analyst's recommendation and rationale, the Board does not condone the applicant's misconduct; however, determined that the characterization of service was too harsh. The Board found that the overall length and quality of the applicant's service, to include his combat service and the circumstances surrounding his discharge, mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general under honorable conditions. Further, the Board found that the narrative reason on the applicant's DD Form 214 was incorrect. The Board noted that the applicant's record contain no documentation to support the applicant abused illegal durgs, in view of the foregoing, the Board voted to administratively change the narractive reason to "Misconduct" with a separation code of (SPD) "JKA" and a reentry eligibility (RE) code of "3." Except for the foregoing modification to the applicant's reason for separation, the Board found that the reason for separation was both proper and equitable. Case report reviewed and verified by: Earl Silver, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Further, the Board found that the narrative reason on the applicant's DD Form 214 was incorrect and voted to administratively change the narractive reason to "Misconduct" with a separation code of (SPD) "JKA" and a reentry eligibility (RE) code of "3." 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: CHRISTINE U. MARTINSON DATE: 071202 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060014167 Applicant Name: ______________________________________________________________________ Page 1 of 6 pages