Application Receipt Date: 061208 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and documents 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: 930127 Discharge Received: Date: 930707 Chapter: 7, para 7-11 AR: 135-178 Reason: Misconduct - Abuse of Illegal Drugs RE: SPD: NIF Unit/Location: 455th General Hospital, Providence RI Time Lost: NIF Article 15s (Charges/Dates/Punishment): NIF Court-Martials (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier's Overall Record DOB: 731025 Current ENL Date: 910812 Current ENL Term: 8 Years Current ENL Service: 1 Yrs, 10Mos, 25Days Total Service: 1 Yrs, 10Mos, 25 Days Previous Discharges: IADT 920109-920701/HD Highest Grade: E3 Performance Ratings Available: Yes No MOS: 52C/Utilities Equipment Repair GT: 126 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: Applicant states he is an upstanding member of his community. He claims to be a firefighter/Paramedic with the Sacramento, California Fire Department; a board member and coach for the local Football and Baseball leagues; and a founder of a local youth sports association VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 27 January 1993, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 7, AR 135-178, by reason of misconduct-for abuse of illegal drugs with an under other than honorable conditions discharge. He was advised of his rights. The applicant was offered the opportunity to consult with legal counsel, was advised of the impact of the discharge action, was offered the opportunity to unconditionally waive 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 reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 7 July 1993, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions b. Legal Basis for Separation: National Guard Regulation (NGR) 600-200 and Army Regulation 135-178 govern procedures covering enlisted personnel of the Army National Guard. Chapter 7 of NGR 600-200 covers, in pertinent part, discharge and separation of enlisted personnel for misconduct due to unsatisfactory participation. Army Regulation 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills occur during a 1 year period. An enlisted member separated for misconduct which includes unsatisfactory participation will normally be furnished a characterization of service of under other than honorable conditions in accordance with Army Regulation 135-178. 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 is now 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; the time that has elapsed since his discharge and his post service accomplishments 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: Chuck Busick, 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 AR20060016812 Applicant Name: ______________________________________________________________________ Page 1 of 4 pages