Application Receipt Date: 061102
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: 040316
Discharge Received: Date: 040429
Chapter: 14-12c AR: 635-200
Reason: Misconduct
RE: SPD: JKQ
Unit/Location: HHD, 261st Area Spt Med Bn, Fort Bragg, NC
Time Lost: None
Article 15s (Charges/Dates/Punishment): 040122, wrongful use of marijuana (031212), reduction to E-1, 45 days restriction and extra duty (FG). The commander states in the notification memorandum, dated 16 March 2004, that the applicant received three FG Art 15s; however, the available record contains only one FG Art 15.
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldier's Overall Record
DOB:
Current ENL Date: 001027 Current ENL Term: 4 Years
Current ENL Service: 3 Yrs, 6Mos, 3Days
Total Service: 3 Yrs, 6Mos, 3Days
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes No
MOS: 91S10/PVNT Med Spec GT: 98 EDU: GED Overseas: Bosnia Combat: Bosnia (010911-020324)
Decorations/Awards: AAM, NDSM, GWOTSM, ASR, COA-2
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 16 March 2004, 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 patterns of misconduct for receiving three Field Grade Art 15s, with a general, under honorable conditions discharge. He was advised of his rights. The applicant's election of rights is not contained in the available record and Government regularity is presumed in the discharge process. 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 13 April 2004, 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, documents, 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: 19 December 2007
Location: Washington, D.C.
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 noted that the government introduced a document into the discharge process revealing that the applicant had self-referred to the Alcohol and Drug Prevention and Control Program for substance abuse. This is limited use information as defined in Chapter 6, AR 600-85. Use of this information mandates award of a fully honorable discharge. Accordingly, the Board voted to change the characterization of service to fully honorable. However, the board found that the reason for discharge was fully supported by the record and voted not to change it.
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:
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 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
ARMY | DRB | CY2009 | AR20090013287
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 6 May 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct for being (AWOL), with a general, under honorable conditions discharge. The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions...
ARMY | DRB | CY2009 | AR20090006331
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 06 June 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12c, AR 635-200, by reason of misconduct commission of a serious offense for receiving a Field Grade Article 15, repeated violations of spouse abuse, and rehabilitation failure in Moral Reconation Therapy, with a general, under honorable conditions discharge. Board Action...
ARMY | DRB | CY2009 | AR20090002325
The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12b by reason of misconduct, with a characterization of under other than honorable conditions. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12B by reason of misconduct, with a characterization of service of under other than honorable conditions. Board Action Directed President, Army Discharge Review...
ARMY | DRB | CY2006 | AR20060014822
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 intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an other than honorable conditions discharge. On 10 December 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other...
ARMY | DRB | CY2008 | AR20080019868
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. On 2 April 1999, 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 Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE...
ARMY | DRB | CY2007 | AR20070016545
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 13 July 2007, 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 abuse of illegal drugs (060831), wrongfully committed sodomy (060524), arrested for communicating a threat to two MPs (060831), missing movement to Iraq (060831), failed to register your POW (060824), charged...
AF | DRB | CY2006 | AR20060016206
His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12b by reason of misconduct, with a characterization of service of general, under honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JKA (i.e., pattern of misconduct). That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12b by reason of misconduct, with a characterization of service of...
ARMY | DRB | CY2009 | AR20090000448
Facts and Circumstances: The evidence of record shows that on 23 August 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12c, AR 635-200, by reason of misconductfor wrongfully using marijuana on or about 14 May 2005, with a general, under honorable conditions discharge. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general under...
ARMY | DRB | CY2009 | AR20090010577
Applicant Name: ????? By the unsatisfactory performance, the applicant diminished the quality of service below that meriting a fully honorable characterization of service. 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...
ARMY | DRB | CY2009 | AR20090002156
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 23 August 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct, commission of a serious offense for wrongful use of marijuana (070509-070531), with a general, under honorable conditions discharge. Board Action Directed President, Army Discharge Review Board Issue a new DD Form...