Application Receipt Date: 061114 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See enclosed DD Form 293 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: 970304 Discharge Received: Date: 970407 Chapter: 14-12c AR: 635-200 Reason: Misconduct RE: SPD: JKQ Unit/Location: Bravo Battery, 20th Field Artillery, 9th Bn, 1st Field Artillery, Fort Hood, TX Time Lost: None Article 15s (Charges/Dates/Punishment): 960628, failure to go to appointed place of duty x 3 and derelict in performance of duty, reduction to PFC, forfeiture of $260.00 (suspended), 14 days restriction, 14 days extra duty 961120, wrongful use of methanphetamines (960723 -960823), reduction to E-1, forfeiture of $437 (suspended), 45 days extra duty Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier's Overall Record DOB: 730328 Current ENL Date: 951210 Current ENL Term: 3 Years Current ENL Service: 01 Yrs, 03Mos, 29Days Total Service: 03 Yrs, 11Mos, 10Days Previous Discharges: RA 930328-951209/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 92G10/Fod Service Spc GT: 94 EDU: HS Grad Overseas: Korea Combat: None Decorations/Awards: ASR, NDSR, OSR V. Post-Discharge Activity Home of Record: Carson, CA Current Address: 2802 Maria Drive Killeen TX 76549 Post Service Accomplishments: None VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 4 March 1997, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-tested postive for methamphetamines, with a general under honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, advised of the impact of the discharge action, unconditionally waived his right to an 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 commander (s) reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable conditions discharge. On 7 March 1997, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable conditions discharge. 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. Further, eligibility for veteran's benefits (to include educational benefits under the Montgomery GI Bill) does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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: 4 December 2007 Location: Wash 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 No change - Character Change No change - Reason (Board member names available upon request) IX. Board Discussion, Determination, and Recommendation 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 AR20060016052 Applicant Name: ______________________________________________________________________ Page 1 of 4 pages