Application Receipt Date: 2006/12/11
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: The applicant states that he made some mistakes. At the time of the incidents he was very young and immature. He had just gotten divorce and his wife sent him the divorce papers in the mail while he was fighting a war in Iraq. He loved being in the military but he was being affected by PTSD as a result of the war. He accepted his punishment. Since leaving the military he has been a well mannered member of society and he is trying to deal with life as best he can. He asks for a second chance.
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: 920603
Discharge Received: Date: 920803
Chapter: 14-12c AR: 635-200
Reason: Misconduct-Abuse of Illegal Drugs
RE: SPD: JKK
Unit/Location: A Co, 121st Signal Battalion, Fort Riley, KS
Time Lost: None
Article 15s (Charges/Dates/Punishment): 900510, wrongfully communicating a threat, resisting apprehension, and failure to obey a lawful order (900321), reduction to E-3, forfeiture $200 (suspended), 14 days extra duty and restriction (CG)
900919, transporting an open container of alcoholic beverage in a vehicle (900819), reduction to E-2 (suspended), 14 days extra duty and restriction (CG)
920203, failure to pay child support (911201), failure to pay debt (910801), reduction to E-3, forfeiture $243.00 (suspended), 14 days extra duty and restriction (CG)
920502, wrongful use of cocaine (920427), reduction to E-1, forfeiture $394.00 x 2, 30 days extra duty (FG)
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldier's Overall Record
DOB: 650827
Current ENL Date: 890929 Current ENL Term: 3 Years
Current ENL Service: 02 Yrs, 10Mos, 05Days
Total Service: 05 Yrs, 07Mos, 05Days
Previous Discharges: RA 861229-890928/HD
Highest Grade: E-4
Performance Ratings Available: Yes No
MOS: 31M10/Radio Operator GT: 96 EDU: HS Grad Overseas: SWA, Korea Combat: SWA (dates NIF)
Decorations/Awards: AAM-1, ASR, OSR, GCM, NDSM-1, SWA-3BSS, KLM
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:
The evidence of record shows that on 3 June 1992, 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 having received four Article 15's, for failure to pay debts, and for drug abuse, with an under other than honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions, he did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 17 June 1992, the intermediate commander reviewed the proposed discharge action and recommended disapproval of the conditional waiver and separation with an under other than honorable conditions discharge. On 10 July 1992, the separation authority disapproved the conditional waiver and directed an Administrative Separation Board be convened. On 20 July 1992, the applicant's counsel, a member of the Fort Riley Trial Defense Services, a JA Corps officer stated that the applicant no longer desires to appear before an Administrative Separation Board and requests an immediate discharge. 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 applicant was discharged from the Army on 3 August 1992.
The record contains an approved Bar to Reenlistment dated 18 June 1990.
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 applicant's characterization of service to general, under honorable conditions. The analyst does not condone the applicant's misconduct; however, the evidence in this case supports a conclusion that the characterization of service is now too harsh, and as a result it is inequitable. The analyst found that the length and quality of the applicant's service to include his combat service and the time that has elapsed since his discharge mitigated the discrediting entries in his service record. Accordingly, the analyst recommends that the applicant's characterization of service be upgraded to general, under honorable conditions. However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.
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 determined that the characterization of service was too harsh based on the applicant's length and quality of his service to include his combat service and the time that has elapsed since his discharge and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined that the reason for discharge was proper and equitable and voted not to change it.
Case report reviewed and verified by: Alejandro Champin, 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: 20 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060017135
Applicant Name: Mr.
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