Search Decisions

Decision Text

AF | DRB | CY2007 | AR20070008306
Original file (AR20070008306.txt) Auto-classification: Denied
Application Receipt Date: 070615	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant submitted no issues of equity or propriety to be considered by the Board.

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: 030116
Discharge Received:     Date: 030207   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKQ
Unit/Location: 173rd Combat Support Company, 173rd Airbirne Brigade, Unit 31401, APO AE 09630 

Time Lost: The applicant was confined for 24 days from (021123-021216) by the military authorities, as a result of his Summary Court-Martial, adjudged on (021122).

Article 15s (Charges/Dates/Punishment): None

Court-Martials (Charges/Dates/Punishment): 021122, Summary Court-Martial-for making a false official statement, wrongful use of heroin and obstructing justice.  He was sentenced to confinement for 30 days; forfeiture of 2/3rds pay for 1 month; and reduction to E1.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:   
Current ENL Date: 010802    Current ENL Term: 4 Years  ?????
Current ENL Service: 1 Yrs, 5 Mos, 12 Days The applicant has a period of military confinement that was not shown on his DD Form 214 item 29, (Time Lost).  The net active service this period should be: 1 Year, 5 Months, 12 Days.
Total Service:  1 Yrs, 5 Mos, 12 Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 62J1P Generator Construction Equipment Operator   GT: 101   EDU: HS Grad   Overseas: Italy (020217-030207   Combat: None
Decorations/Awards: NDSM, ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: See DD Form 293 with (2) two enclosures.  

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 10 January 2003, 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 (wrongful use of a controlled substance), 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 discharge 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 an under other than honorable conditions discharge.  On 20 January 2003, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.   
      
      The applicant has a CID Report of Investigation dated (021226) in his Official Military Personnel File.
      
      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 documents 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.  In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both both proper and equitable.   
      
VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 14 November 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: ?????

Witnesses/Observers: ????? 

Exhibits Submitted: ?????

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: , 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: 16 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Similar Decisions

  • ARMY | DRB | CY2006 | AR20060012065

    Original file (AR20060012065.txt) Auto-classification: Denied

    Current ENL Service: 03 Yrs, 02 Mos, 15 Days ????? Facts and Circumstances: Evidence of record shows that on 9 September 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct (court-martialed for for being AWOL four times and failure to report twice), with an under other than honorable conditions discharge. The applicant consulted with legal counsel, was advised of the...

  • ARMY | DRB | CY2007 | AR20070011290

    Original file (AR20070011290.txt) Auto-classification: Denied

    The Applicant's counsel was present at the proceedings. Subsequently, the board recommended that the Applicant be discharged with issuance of a character of service of under other than honorable conditions. On 28 August 2003, the separation authority approved the recommendation of the administrative separation board and directed that the Applicant be discharged with a characterization of service of under other than honorable conditions.

  • ARMY | DRB | CY2006 | AR20060008851

    Original file (AR20060008851.txt) Auto-classification: Approved

    Facts and Circumstances: Evidence of record shows that on 4 November 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct (received two company grade article 15s for violating a lawful written order and disobeying a lawful order x2. He also received a summarized article 15 for possessing alcohol under age twenty -one, and received numerous counseling statements for...

  • ARMY | DRB | CY2007 | AR20070005168aC071121

    Original file (AR20070005168aC071121.doc) Auto-classification: Approved

    Facts and Circumstances: Evidence of record shows that on 7 March 200310, 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 being AWOL, and illegal drug use), with a general, under honorable conditions discharge. 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. ...

  • ARMY | DRB | CY2006 | AR20060012074

    Original file (AR20060012074.txt) Auto-classification: Denied

    Facts and Circumstances: Evidence of record shows that on 20 November 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct (physically abused his spouse on several occasions and disobeyed a NCO), with a general, under honorable conditions discharge. On 6 Dcember 2002, the separation authority waived further rehabilitative efforts and directed that the applicant be...

  • ARMY | DRB | CY2006 | AR20060008946

    Original file (AR20060008946.txt) Auto-classification: Denied

    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. 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-pattern of misconduct, with a characterization of service of general, under honorable conditions. Certification Signature and...

  • ARMY | DRB | CY2006 | AR20060006829

    Original file (AR20060006829.txt) Auto-classification: Denied

    The intermediate commander's reviewed the proposed discharge action and recommended approval of the separation action with a under other than honorable conditions discharge. The board recommended that the applicant be discharged with an under other than honorable conditions discharge. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 061207 Lieutenant Colonel, U.S. Army Chief,...

  • ARMY | DRB | CY2006 | AR20060010488

    Original file (AR20060010488.txt) Auto-classification: Approved

    Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh, and as a result it is now inequitable. The Board determined that the applicant's overall length and quality of service to include his combat service, and his post service...

  • ARMY | DRB | CY2007 | AR20070005168

    Original file (AR20070005168.txt) Auto-classification: Approved

    Facts and Circumstances: Evidence of record shows that on 7 March 200310, 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 being AWOL, and illegal drug use), with a general, under honorable conditions discharge. On 19 March 2003, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a...

  • ARMY | DRB | CY2006 | AR20060011719

    Original file (AR20060011719.txt) Auto-classification: Denied

    Facts and Circumstances: Evidence of record shows that on 7 January 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct (receiving a company grade Article 15 on 8 February 2002 for failing to report to duty; on 26 March 2002 the suspension of that Article 15 was vacated because of further misconduct; and receiving a field grade Article 15 on 26 November 2002 for...