Application Receipt Date: 2006/10/19 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The applicant states that he is a veteran from Operation Iraqi Freedom, he spent 13 months deployed. He was being treated by mental health and but he quit taking his medications. After he transferred to Fort Hood he started to suffer from depression and panic attacks. He asked for help from his chain of command but no one would help him. He states that his medical records were lost and he became frustrated and started to exhibit irrational behavior. He was very stressed out and this led to the general discharge he received. He now works for Samsung and desires a second chance. See DD Form 293 for additional information. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 060814 Discharge Received: Date: 060825 Chapter: 14-12c(2) AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: 57th Signal Support Co, Fort Hood, TX 76544 Time Lost: None Article 15s (Charges/Dates/Punishment): 060406, Field Grade, wrongful use of cocaine (060130), reduction to E-3, forfeiture $797, 45 days extra duty. Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier's Overall Record DOB: 840130 Current ENL Date: 030402 Current ENL Term: 4 Years Current ENL Service: 03 Yrs, 04Mos, 24Days Total Service: 03 Yrs, 04Mos, 24Days Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 25Q10/Multi Channel Radio Operator GT: 96 EDU: HS Grad Overseas: SWA, Germany Combat: Iraq (040215-050215) Decorations/Awards: ARCOM, AAM, NDSM, ICM, GWOTEM, ASR, OSR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: Applicant states that he now works at Samsung VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 14 August 2006, 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 serious offense for wrongful use of cocaine (060130), with a general under honorable conditions discharge. He was advised of his rights. On 14 August 2006, the applicant consulted with legal counsel, was advised of the impact of the discharge action, 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. On 15 August 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. The record contains two MP Reports dated 4 January 2006 and 18 August 2005. 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 issues 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. The analyst found that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment. The applicant failed to respond appropriately to these efforts. Furthermore, the record does not support the applicant's contention, and no evidence to support it has been submitted by the applicant, that his discharge was the result of any medical condition. 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: 5 December 2007 Location: Washington, D.C. 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. The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a soldier. The applicant, as a soldier, had the duty to support and abide by the Army's drug policies. By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of service below that meriting a fully honorable discharge. Case report reviewed and verified by: Alejandro Champin, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: BA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 7 December 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060014801 Applicant Name: Mr. ______________________________________________________________________ Page 1 of 5 pages