Application Receipt Date: 061124 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: 050708 Discharge Received: Date: 060227 Chapter: 14-12b AR: 635-200 Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: 19th Adjutant General Company (Replacement) (Airborne) Fort Bragg, NC Time Lost: AWOL x 2 for 10 days (040206-040211 and 040731-040803) Article 15s (Charges/Dates/Punishment): 860716, wrongfully used some amount of cocaine (850401); forfeiture $200 x 2, oral reprimended by BN CO (FG). 040317, AWOL for 6 days (040206-040211); reduction to E-5 (suspended), $300 x 2, 30 days extra duty, and an oral reprimand (FG). 040818, suspension of punishment of reduction to E-5 was vacated due to new UCMJ offenses (040731-040803). 040824, AWOL for 4 days (040731-040803) and wrongfully used cocaine; reduction to E-4, forfeiture $945 x 2, 45 days extra duty and 45 days restriction (suspended) (FG). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier's Overall Record DOB: 661019 Current ENL Date: 020320 Current ENL Term: INDEF Years Current ENL Service: 03 Yrs, 09Mos, 08Days Total Service: 20 Yrs, 00Mos, 21Days Previous Discharges: RA 860130-880616/HD RA 880617-891121/HD RA 891122-920629/HD RA 920630-940309/HD RA 940310-960626/HD RA 960627-020319/HD Highest Grade: E-6 Performance Ratings Available: Yes No MOS: 92G10/Food Service Ops; 42A10/HR Spec GT: 122 EDU: 13 yrs Overseas: Panama Combat: None Decorations/Awards: ARCOM-5, AGCM-6, GWOTSM, NCOPD-2, NDSM-2, ASR, OSR 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: Evidence of record shows that on 8 July 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-pattern of misconduct for using cocaine (040731-040803), AWOL x 2 (040731-040803 and 040206-040211), and operating a motor vehicle while impaired (020701), with an under other than honorable conditions discharge. He was advised of his rights. On 22 July 2005 the applicant consulted with legal counsel. The applicant submitted a statement on his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval with an under other than honorable conditions discharge. On 10 August 2006, the applicant was notified to appear before an administrative separation board and advised of his rights. On 29 September 2005 the administrative separation board convened; the applicant and his counsel did not appear before the board. The board recommended that the applicant be discharged with issuance of a character of service of under other than honorable. On 15 February 2006, the separation authority approved the recommendation of the administrative separation board and directed that the applicant be discharged with a characterization of service of under other than 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 several mitigating factors that would merit an upgrade of the applicant's characterization of service to honorable. The analyst does not condone the applicant's misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable. The analyst found that the length and quality of the applicant's 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: 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 No change - Character Change No change - 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 AR20060016442 Applicant Name: ______________________________________________________________________ Page 1 of 5 pages