Application Receipt Date: 061101
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's 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: 050310
Discharge Received: Date: 050803
Chapter: 14 AR: 635-200
Reason: Misconduct
RE: SPD: JKK
Unit/Location: D Troop, 1st Squadron, 6th US Cavalry Regiment, Aviation Brigade, 4th Infantry Division, Fort Hood, TX 76544
Time Lost: None
Article 15s (Charges/Dates/Punishment): 050307/Wrongfully used marijuana between on or about (041204 and 050103)/Reduced to Private (E1); forfeit $167.00 pay for 2 months, suspended, to be automatically remitted if not vacated before (050608); restricted to the limits of home to duty, place of worship, commissary, and PX; and extra duty for 45 days/Field Grade.
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldier's Overall Record
DOB:
Current ENL Date: 030703 Current ENL Term: 03 Years
Current ENL Service: 02 Yrs, 01Mos, 01Days
Total Service: 02 Yrs, 01Mos, 01Days
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes No
MOS: 92Y10 (Unite Supply Specialist) GT: 95 EDU: GED Overseas: None Combat: None
Decorations/Awards: AAM (2d Award), GWOTSM, NDSM, 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 10 March 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-commission of a serious offense for illegal use of marijuana (041204 and 050103), 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 18 July 2005, the separation authority 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. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of "4." An RE code of "4" can not be waived and the applicant is no longer eligible for reenlistment. In view of the foregoing, 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: 30 November 2007
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 0 No change 5 - 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: 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: 30 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
ARMY | DRB | CY2007 | AR20070017819
On 27 February 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and requested consideration of his case by an administrative separation board, and submitted a statement in his own behalf. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the...
ARMY | DRB | CY2008 | AR20080011503
Applicant Request: Upgrade Reason Change RE Code Change Issues: The Applicant states, "My only issue is the discharge i Received is hindering me from getting a decent job. The applicant consulted with legal counsel, was advised of the impact of the discharge action, conditionally waived his right to an administrative separation board in that he receive a general discharge under honorable conditions, and did not submit a statement in his own behalf. On 27 February 2007, the separation...
ARMY | DRB | CY2009 | AR20090016915
Applicant Name: ????? On 3 February 2009, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both...
ARMY | DRB | CY2007 | AR20070017710
Applicant Name: ????? On 18 October 2005, 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. The Board determined that the overall length and quality of the applicants service, to include his combat service, mitigated the discrediting entries in his service record.
ARMY | DRB | CY2009 | AR20090010759
Applicant Name: ????? The separation authority approved the Chapter 10 request with an under other than honorable conditions discharge. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090010759 ______________________________________________________________________________ Page 1...
ARMY | DRB | CY2006 | AR20060006703
The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the characterization of service was too harsh, and as a result it is...
ARMY | DRB | CY2007 | AR20070012951
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 2 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 misconductfor AWOL x 2 (051006-051103 and 051104-060215), with a general under honorable conditions discharge. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of...
ARMY | DRB | CY2007 | AR20070013996
Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 submitted by the Applicant II. Facts, Circumstances, and Legal Basis for Separation a. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service in lieu trial by court-martial with a characterization of service of under other than honorable conditions.
ARMY | DRB | CY2006 | AR20060013860
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general discharge. The available record does not contain the separation authority's discharge directive memorandum; however, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) that indicates the applicant was discharged with a characterization of service of general, under honorable conditions. Certification...
ARMY | DRB | CY2009 | AR20090012474
Applicant Name: ????? c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants military records, and the issue [and documents] submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade:...