Application Receipt Date: 061109
Prior Review Prior Review Date:
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See enclosed DD Form 293 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: 040301
Discharge Received: Date: 040503
Chapter: 14-12C(2) AR: 635-200
Reason: Misconduct - Abuse of Illegal Drugs
RE: SPD: JKK
Unit/Location: L Troop 3rd Squadron, 2nd Armored Cavalry Regiment Fort Polk, LA
Time Lost: 030512-030512 (listed on the applicant's DD Form 214; however, no information is in the available record).
Article 15s (Charges/Dates/Punishment): 040107, wrongful use of marijuana (031013-031113); reduction to E-1, $575 x 2, 45 days extra duty and restriction (FG).
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldier's Overall Record
DOB: 800430
Current ENL Date: 011003 Current ENL Term: 03 Years
Current ENL Service: 02 Yrs, 07Mos, 00Days
Total Service: 02 Yrs, 07Mos, 00Days
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes No
MOS: 55B10/Ammunition Specialist GT: 91 EDU: 13 yrs Overseas: Korea Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR, OSR
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: Working two jobs.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 1 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 wrongful use of marijuana, with a general, under honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel and was advised of the impact of the discharge action. He submitted a statement in his own behalf; however, this document is not contained in the available record. 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 11 March 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, and the issue he submitted, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to fully honorable. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is now inequitable. The analyst determined that the overall length of the applicant's service mitigated the discrediting entries in his service record. Accordingly, the analyst recommends to the Board that the applicant's characterization be upgraded to fully honorable. This action entails a restoration of grade to PFC/E-3. However, the reason for discharge and the characterization of service remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date:
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 No change - Character
Change No change - Reason
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
Case report reviewed and verified by: Timon M. Oujiri, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to:
Other:
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:
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060015828
Applicant Name: Mr.
______________________________________________________________________
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