Application Receipt Date: 2006/10/27
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See attached 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: 05/02/14
Discharge Received: Date: 05/03/11
Chapter: 14 Para 14-12C AR: 635-200
Reason: Misconduct
RE: SPD: JKK
Unit/Location: A Company 123rd Main Support Battalion APO, AE 09110
Time Lost: None
Article 15s (Charges/Dates/Punishment): 041222, on or near Dexheim, Germany, between on or about 18 September 2004 to 18 October 2004, wrongfully used marijuana. Forfeiture of $597.00 pay per month for two months; extra duty for 45 days; and restriction for 45 days. (FG).
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldier's Overall Record
DOB:
Current ENL Date: 03/08/05 Current ENL Term: 3 Years
Current ENL Service: 01 Yrs, 07Mos, 07Days
Total Service: 01 Yrs, 07Mos, 07Days
Previous Discharges: None
Highest Grade: E-2
Performance Ratings Available: Yes No
MOS: 92F10 Petroleum Supply Specialist GT: 83 EDU: HS Grad Overseas: Germany, Iraq Combat: Iraq service is not listed on the DD 214; however, there is a unit citation that recognizes the applicant for operations in a combat zone during Operation Iraqi Freedom.
Decorations/Awards: NDSM, GWOTM, 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 14 February 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 for wrongfully using marijuana (041018-041218), with a general, under honorable conditions discharge. He was advised of his rights. The applicant consulted 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 under honorable conditions discharge. On 25 Febuary 2005, 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 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 was too harsh, and as a result it is inequitable. While the applicant's misconduct is not condoned, the analyst determined that the overall length of the applicant's service, to include his combat service mitigated the discrediting entries in his service record. However, the analyst determine that the reason for discharge was both proper and equitable
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 071212
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.
Case report reviewed and verified by: , 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: 071214
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
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