Application Receipt Date: 2006/10/25
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See attached DD Form 293.
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: 06/03/06
Discharge Received: Date: 06/04/13
Chapter: 14 Para 14-12C AR: 635-200
Reason: Misconduct (Drug Abuse)
RE: SPD: JKK
Unit/Location: 518th Maintenance Company, 1st Battalion, 1st Air Defense Artillery Fort Bliss, Texas 79916
Time Lost: 15 Days, due to confinement by summary court martial. Sentence was confinement for 21 days; however, applicant only served 15 days (060207-060222).
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): 06/02/07 (Summary) on or about 26 Dec 2005 and on or about 24 Jan 2006 wrongfully used of marijuana; on or about 07 Dec 2005 and on or about 5 Jan 2006 wrongfully used marijuana. 06/02/07 Confinement for 21 days; reduction to E-1; and to be issued a letter of reprimand by the Commander, 31st Air Defense Artillery Brigade.
Counseling Records Available: Yes No
IV. Soldier's Overall Record
DOB:
Current ENL Date: 02/02/20 Current ENL Term: 5 Years
Current ENL Service: 04 Yrs, 01Mos, 08Days
Total Service: 04 Yrs, 01Mos, 08Days
Previous Discharges: None
Highest Grade: E-5
Performance Ratings Available: Yes No
MOS: 25P10 Microwave Sys Op GT: NIF EDU: HS Grad Overseas: Korea Combat: None
Decorations/Awards: AAM, NDSM, GWOTSM, KDSM, OSR, ASR
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 21 March 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct-Commission of a Serious Offense for having been convicted by a Summary Court Martial for wrongfully use of marijuana X2, with a general, under honorable condition discharge. He was advised of his rights. The applicant waived his rights to consult with legal counsel, was advised of the impact of the discharge action, 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 discharge. On 05 April 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under 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, 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. 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: 071205
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 1 No change 4 - 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 both proper and equitable and voted to deny relief.
, 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: None
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE: 071207
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060015160
Applicant Name:
______________________________________________________________________
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