Application Receipt Date: 070906
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached DD Form 293 and supporting documents.
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: 060427
Discharge Received: Date: 060501
Chapter: 14 AR: 635-200
Reason: Misconduct (Drug Abuse)
RE: SPD: JKK
Unit/Location: C Company, 1st Battalion, 13th Armor, Fort Riley, KS 66442-5000
Time Lost: None
Article 15s (Charges/Dates/Punishment): 060321/Wrongfully use marijuana between on or about (060102) and on or about (060202)/(Field Grade)
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB:
Current ENL Date: 020213 Current ENL Term: 03 Years (Retained in service 443 days for the convenience of the government)
Current ENL Service: 04 Yrs, 02Mos, 19Days ?????
Total Service: 04 Yrs, 02Mos, 19Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 19K10 (M1 Armor Crewman) GT: 105 EDU: GED Overseas: Southwest Asia Combat: Iraq/Kuwait (030407-040315) and (050202-060127)
Decorations/Awards: ARCOM, AAM, AGCM, NDSM, GWOTEM, GWOTSM, ASR, OSR (2d Award), Combat Action Badge, ICM
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 27 April 2006, 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 (abuse of illegal drugs/wrongfully used marijuana on two occasions), with a general, under honorable conditions discharge. He was advised of his rights. 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 applicant waived consideration of his case by an administartive separation board. 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 1 May 2006, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
DD Form 2807-1 (Report of Medical History) dated 14 March 2006, found in the applicant's Official Military Personnel File, shows in item 8 (Current Medications) Lexapro 20 mg. DD Form 2808 (Report of Medical Examination) dated 14 March 2006, makes reference to GAD/PTSD in items 44 (Notes), and item 77 (Summary of Defects and Diagnoses).
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 issue he submitted, the analyst noted that the government introduced into the discharge packet the results of a biochemical test that was part of the applicant's ASAP treatment plan. This is limited use information as defined in Chapter 6, AR 600-85. Use of this information mandates award of a fully honorable characterization of service. In view of the foregoing, the analyst determined that the characterization of service is improper. Accordingly, the analyst recommends that the applicant's characterization of service be upgraded to fully honorable. However, the analyst found 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: 26 October 2007
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 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 applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the characterization of service was and is improper. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. However, the Board determined that the reason for discharge was both proper and equitable, 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: 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: 2 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
ARMY | DRB | CY2007 | AR20070012363aC071121
Facts and Circumstances: Evidence of record shows that on 27 April 2006, 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 (abuse of illegal drugs/wrongfully used marijuana on two occasions), 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...
ARMY | DRB | CY2006 | AR20060015432C080324
Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. It is also noted that the characterization of service for this type of discharge is...
AF | DRB | CY2006 | AR20060015432
Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE:...
ARMY | DRB | CY2006 | AR20060010080
Facts and Circumstances: Evidence of record shows that on 2 June 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct (failure to adapt), with an uncharacterized discharge. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts...
ARMY | DRB | CY2006 | AR20060010974
Application Receipt Date: 060628 Prior Review Prior Review Date: None I. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of...
ARMY | DRB | CY2006 | AR20060013029
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. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review, hearing his testimony, and considering the analysts recommendation and rationale, the Board determined that the characterization of service was too harsh, and as a result it is inequitable. ...
ARMY | DRB | CY2007 | AR20070013131
Facts, Circumstances, and Legal Basis for Separation a. While the applicant's specific facts for which she may have received a general discharge are not contained in the available record, the overall length and quality of the applicant's service, to include her two combat deployments and the lack of any evidence of misconduct as her DD Form 214 indicates she was discharged as an E-4 mitigated the possible discrediting entry. Board Discussion, Determination, and Recommendation After...
AF | DRB | CY2006 | AR20060015807
Facts and Circumstances: Evidence of record shows that on 08 April 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 for wrongfully using marijuana and being arrested for driving under the influence of alcohol (020718), with a general under honorable conditions discharge. On 16 April 2003, the applicant consulted with legal counsel, was advised of the impact of the discharge action,...
ARMY | DRB | CY2007 | AR20070016577
Facts and Circumstances: Evidence of record shows that on 2 March 2006, 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 going AWOL (051128-060129), with a general, under honorable conditions discharge. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did submit a statement in his own behalf. Certification Signature and Date Approval...
ARMY | DRB | CY2006 | AR20060012944
Were Proper Discharge and Separation Authority procedures followed? The overall length and quality of the applicant's service , his post service accomplishments, and the unit commander's recommendation for retention mitigated the single discrediting entry in his service record. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and...