Application Receipt Date: 080208 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: Yes/2008/03/10 See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: Undated Discharge Received: Date: 060522 Chapter: 14 AR: 635-200 Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: Time Lost: Military Confinement for 26 days (060419-060514), as a result of his Summary Court-Martial. Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): 060421, Summary Court-Martial-for failure to repair (051109), failing to obey a lawful order (050926), making a false official statement (051109), and illegal drug use on or about (060102-060105). He was sentenced to forfeiture of $849.00 pay and 30 days confinement. Counseling Records Available: Yes No IV. Soldier's Overall Record DOB: 850721 Current ENL Date: 040714 Current ENL Term: 3 Years 18 Weeks Current ENL Service: 1 Yrs, 9 Mos, 13 Days Total Service: 1 Yrs, 9 Mos, 13 Days Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 19D10 Cavalry Scout GT: 98 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq (041202-050301) Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: The applicant states in effect, that he has not gotten into any trouble since his discharge and wants to make a better life for himself. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 15 May 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-pattern of misconduct, tested positive for cocaine (060105), with an under other than honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by 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 a general, under honorable conditions/under other than honorable conditions discharge. On 18 May 2006, 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: 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, the discharge is improper. The analyst noted that the unit commander used "Board Procedures" when notifying the applicant that he was initiating action to separate him under the provisions of Chapter 14, AR 635-200, by reason of misconduct. By using "Board Procedures" the authority for approval of the applicant's separation rested with the General Court-Martial Convening Authority. The evidence of record shows that someone other than the General Court-Martial Convening Authority approved the applicant's discharge. In view of the foregoing, the discharge was improper. In view of the foregoing, the analyst recommends to the Board to grant relief in the form of an upgrade of the characterization of service to fully honorable. However, the analyst determined that the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 19 March 2008 Location: Dallas, TX 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 5 No change 0 - 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 and is improper. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. However, the Board determined that the reason for discharge was both proper and equitable, and voted not to change it. Case report reviewed and verified by: Mr. Ron Williams, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA 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: 21 March 2008 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080002273 Applicant Name: ______________________________________________________________________ Page 1 of 6 pages