Application Receipt Date: 061020 Prior Review Prior Review Date: NA I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: I received awards and decorations. I have combat service. 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: 050418 Discharge Received: Date: 050516 Chapter: 14-12c AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: HQ 50th Signal Bn (Rear)(Provisional) Ft. Bragg, NC 28310 Time Lost: NONE Article 15s (Charges/Dates/Punishment): 050224, wrongfully use marijuana (050105-050207); reduction to E-2; $692 x 2; 45 days extra duty (FG). Court-Martials (Charges/Dates/Punishment): NONE Counseling Records Available: Yes No IV. Soldier's Overall Record DOB: 820117 Current ENL Date: 020219 Current ENL Term: 4 Years Current ENL Service: 3 Yrs, 2Mos, 28Days Total Service: 3 Yrs, 2Mos, 28Days Previous Discharges: NONE Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 25Q10/Multi-Channel Trans Sys GT: 120 EDU: HS Grad Overseas: NA Combat: Iraq 030316-040320 Decorations/Awards: NDSM, ICM, GWOTEM, GWOTSM, ASR V. Post-Discharge Activity Home of Record: Vallejo, CA Current Address: PO Box 335 Fairfield CA 94533 Post Service Accomplishments: Has been employed with 1st Pacific Credit Union since September 2005. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 18 April 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 for wrongful use of marijuana, with a general discharge. He was advised of his rights. 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 25 April 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: After a careful review of all the applicant's military records, and the independent evidence he submitted, the analyst recommends to the Board that the applicant's characterization of service be upgraded to fully honorable. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. The evidence in this case supports a conclusion that the applicant's characterization of service was too harsh, and as a result it is inequitable. While the applicant's misconduct is not condoned, the overall length of the applicant's service, to include his combat service, mitigated the discrediting entries in his service record. Accordingly, the analyst recommends that the applicant's characterization of service be upgraded to fully honorable. However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 071213 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 4 No change 1 - Character Change 0 No change 5 - Reason (Board member names available upon request) IX. Board Discussion, Determination, and Recommendation Case report reviewed and verified by: Timon M. Oujiri, 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 ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060014937 Applicant Name: Mr. ______________________________________________________________________ Page 1 of 4 pages