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. Soldiers 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 misconductcommission 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 applicants military records, and the documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicants 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 applicants 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
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