Application Receipt Date: 061016 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's 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: Date: NIF Discharge Received: Date: 031205 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: Company C, 447th Signal Battalion, 15th Signal Brigade, Fort Gordon, GA 30905-5000 Time Lost: None Article 15s (Charges/Dates/Punishment): NIF Court-Martials (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 840920 Current ENL Date: 030513 Current ENL Term: 4 Years ????? Current ENL Service: 00 Yrs, 06 Mos, 23 Days ????? Total Service: 00 Yrs, 06 Mos, 23 Days ????? Previous Discharges: None Highest Grade: E1 Performance Ratings Available: Yes No MOS: None GT: NIF EDU: GED Cert Overseas: NIF Combat: NIF Decorations/Awards: None 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 specific facts and circumstances leading to the applicant’s discharge from the Army are not contained in the available records. However, the record does contain a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. His DD Form 214 indicates that he was discharged under the provisions of AR 635-200, Chapter 14, paragraph 12c(2) by reason of misconduct-abuse of illegal drugs, with a separation of service of uncharacterized. Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct-abuse of illegal drugs). The evidence of record further shows that on 3 December 2003, DA, HQ, United States Army Signal Center and Fort Gordon, GA, Orders 337-0900, discharged the applicant from the Regular Army, effective date: 5 December 2003. 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 military records for the period of enlistment under review and the issues he submitted, the analyst found no facts that would merit an upgrade of the applicant's discharge and recommends to the Board that relief be denied in this case. The applicant’s record is void of the specific 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 authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process. That DD Form 214 indicates that the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 12c by reason of misconduct-abuse of illegal drugs, with a characterization of service of uncharacterized. 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. Furthermore, the analyst noted that the applicant received an uncharacterized separation while in an entry-level status (ELS). Army Regulation 635-200, provides in pertinent part, that a Soldier is in entry-level status for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the Soldier a probationary period. Soldiers who are found to lack the necessary motivation, adaptability, self-discipline, ability, or attitude to become productive Soldiers may be expeditiously separated while in entry-level status. The analyst noted the applicant's issue requesting a general discharge; however, a general discharge is not authorized under ELS conditions. Additionally, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.” An RE code of “4” can not 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. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 21 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: 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: CHRISTINE U. MARTINSON DATE: 28 November 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060014781 Applicant Name: Mr. ______________________________________________________________________ Page 4 of 4 pages