Application Receipt Date: 080229 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached 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: NIF Discharge Received: Date: 071121 Chapter: 14 AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: 562D ENG CO BDE CB, Fort Lewis, WA Time Lost: Military confinement for 25 days (071018-071111), which the applicant makes reference to in his letter submitted with his DD Form 293. Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None, however, the applicant makes reference to having been court-martialed for disrespect to a LT and failing a drug test for marijuana, he was sentenced to 30 days in jail which he served only 25 days for good behaivior. Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 870611 Current ENL Date: 061031 Current ENL Term: 06 Years ????? Current ENL Service: 00 Yrs, 11Mos, 27Days ????? Total Service: 03 Yrs, 02Mos, 03Days ????? Previous Discharges: RA-040825-061030/HD Highest Grade: E4 Performance Ratings Available: Yes No MOS: 21B10/Combat Engineer GT: NIF EDU: College Transcript-NIF (DD Form 1966/3) Overseas: Southwest Asia Combat: Iraq (051210-061210) Decorations/Awards: ARCOM-2, JSCM, AAM, NDSM, GWOTSM, ICM, ASR, OSR-2 V. Post-Discharge Activity Home of Record: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The specific facts and circumstances pertaining to the applicant’s discharge from the Army are not contained in the available records. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant. His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, Paragraph 14-12c, AR 635-200, by reason of misconduct (drug abuse), with a characterization of service of under other than honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct-drug abuse), with a reenlistment eligibility (RE) Code of "4." 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 available military records during the period of enlistment under review, documents, and the issue he submitted, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions. The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the analyst determined that the applicant’s characterization of service was too harsh, and as a result it is inequitable. The analyst found that the overall length and quality of the applicant's service to include his combat service, mitigated the discrediting entry in his service record. 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: 16 April 2008 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 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 characterization of service was too harsh, and as result it is inequitable.. The Board does not condone the applicant’s misconduct; however, determined that the overall length and quality of the applicant’s service to include his combat service, and the circumstances surrounding the discharge, mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions. 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: Eric S. Moore, 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: 18 April 2008 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080003432 Applicant Name: ______________________________________________________________________ Page 1 of 5 pages