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ARMY | DRB | CY1999 | 1999016050
Original file (1999016050.rtf) Auto-classification: Approved
PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Character of Discharge: UOHC

2. Date of discharge (or REFRAD): 930521

3. Authority for separation:

         a. Regulation: Chapter 14, AR 635-200

          b. Reason: Misconduct-Abuse of Illegal Drugs
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            AAM(2)
a. Period entered for: 4 Years (2 mos ext) GCMDL
b. Entry date: 890228 (910911) NDSM
c. Age: 21 Years DOB: 670420 NCOPDR(2)
d. Educational level: HS Grad ASR
e. Aptitude area score: OSR
          GT: 112 3. Highest grade achieved:
f. Length of Service: E5
4 Year(s) 2 Month(s) 24 Day(s)

4. Performance evaluations:
NONE

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence: NONE

 Status Inclusive dates
         AWOL

         Mil conf

         Civil conf

         Other


6. Nonjudicial punishment:

         Date     Offense(s)
         930201 Wrongfully used marijuana, between (921129 and 921229)

7. Court-Martial data: NONE
         a. SCM:
                  Date Offense(s)

        
         b. SPCM:
                  Date Offense(s)

         c. GCM: 
                  Date Offense(s)


8.       Remarks: DD Form 214 shows, Chapter 14, AR 635-200, misconduct-abuse of illegal drugs, but in the separation packet, the Chapter 10, AR 635-200, for the good of the Service is approved.
SECTION B - Prior Service Data

Other discharge(s):

          Service   From      To        Type Discharge
         RA 850815 870813 HD



PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:

          a. The evidence of record shows that on 26 April 1993, the applicant was charged with wrongfully used marijuana, between (930302 and 930402). On
28 April 1993, the applicant consulted with legal counsel and voluntarily requested, in writing, discharge under the provisions of Chapter l0, AR 635-200 for the good of the Service. In this request, the applicant admitted guilt to the offense, or a lesser included offense. Further, the applicant stated that he understood that he could receive an under other than honorable conditions (UOHC) discharge and that the discharge would have a significant effect on eligibility for veteran’s benefits. The applicant did not submit a statement on his own behalf. The unit commander and intermediate commander recommended approval of an UOHC discharge. On 17 May 1993, the separation authority approved the discharge with an UOHC discharge. The applicant was to be reduced to the lowest enlisted rank. On 18 May 1993, Chief, Criminal Law Division, recommended approval separation with an UOHC discharge.
         b. On 21 May 1993, the applicant was discharged with an under other than honorable conditions discharge, under the provisions of Chapter l0, AR 635-200, for the good of the Service. At the time of discharge, the applicant had 4 years, 2 months, and 24 days on his current enlistment.

         c. Notwithstanding the aforementioned approved Chapter 10 action, at the time of discharge the applicant was erroneously issued a DD Form 214 which indicates that he was discharged under the provisions of Chapter 14, AR 635-200, by reason of misconduct, abuse of illegal drugs.

2. Legal/Regulatory Basis or Separation Action : Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter l0 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. The requests may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt. Army policy states that although an honorable or general discharge is authorized, a discharge UOHC is normally considered appropriate.
SECTION B-APPLICANT’S SUBMISSIONS


 1. Issue(s) of propriety and/or equity submitted by applicant or counsel.
As stated on applicant’s DD Form 293.
2. Exhibit(s) submitted:

         A-1: DD Form 293, dated 981215, with three (3) enclosure(s).
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE

PART IV - PREHEARING REVIEW (CONTINUED)



SECTION C - Medical and/or Legal Advisory Opinion


Referred to ( ) Medical Advisor ( ) Legal Advisor



 a. Medical prehearing comments (if applicable):

b. Legal prehearing comments (if applicable):
PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits

1. Review/hearing information:

         a. Type requested:
         ( ) Records review ( X ) Hearing

         b. Type Held:
         ( )Records review ( X ) Hearing
         ( ) Tender Offer

         c. Review/hearing location and date:
(1)      Video Recording Site: Chicago, IL on 11 June 1999 .
(2)      Board Site: Washington, DC on 17 June 1999 .
         d. Appearance by:
         Applicant ( X ) Yes ( ) No
         Counsel ( ) Yes ( X ) No

          e. Applicant testified: ( X ) Yes ( ) No
        
         f. Counsel presentation: ( ) Yes ( X ) No
        
         g. Witness(es) testified: ( ) Yes ( X ) No
        
2. Exhibit(s) submitted at hearing:

PART VI - ISSUES AND FINDINGS

1. a. Applicant's issue(s) of propriety and/or equity:

          ( X )   Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive.
         ( )     Revised issue(s) furnished in writing by applicant as follows:
         ( X )   Additional issue(s) identified during review/hearing as follows:

Board Issues: (2) The characterization of service is too harsh.
                           (3) The authority and reason for discharge are
                           improper.
         b. Request: ( X ) Recharacterization ( ) Change of Reason
2. Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:

          a. Propriety:    The parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

 (3) The issue is accepted. The Board noted that the separation authority approved the applicant discharge under the provisions of Chapter 10, AR 635-200, for the good of the Service with a discharge under other than honorable conditions. However, the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty), issued to him at the time of separation, erroneously shows that he was discharged under the provisions of Chapter 14, AR 635-200, by reason of misconduct-abuse of illegal drugs. Accordingly, the Board voted to change the authority for discharge to Chapter 5, AR 635-200 and the narrative reason for separation to Secretarial Authority.

          b. Equity:       The parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

 (2) The issue is accepted. There was a full consideration of all service including the infraction of discipline, the extent thereof, and the seriousness of the offense. The Board determined that the characterization of service was inequitable because the overall quality of the applicant's service did not warrant the granting of an under other than honorable conditions discharge. The applicant's misconduct was mitigated by service of sufficient merit to warrant an upgrade of the discharge being reviewed. Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to general, under honorable conditions. See response to issue (3) above.

(1) See Paragraph 3, below.

 3. Response(s) to item(s) not addressed as decisional issue(s):

Inasmuch as the Board voted to grant the full relief requested, response to the remaining issue is neither required nor rendered.
PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.       Board conclusion(s):

         The discharge was:

          ( )      Proper.
         ( )      Improper as to characterization. Change characterization to                                      .
         ( X )    Improper as to reason. Change reason to Secretarial Authority under Chapter 5, AR 635-200 .

         ( )      Equitable.
         ( X )    Inequitable as to characterization. Change characterization to General, Under Honorable Conditions .
         ( )      Inequitable as to reason. Change reason to                       
                  under                                  .
         ( )      Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                          .
2. Voting record: Change No Change
         Reason 5 0
Characterization 5 0

         The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below. The request must contain the CASE NO. located in the upper right corner of this document.

Department of the Army Review Boards Agency
ATTN: Promulgation Team
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508



3. Minority views: NONE

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       

                                 
MR. RIVERA
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

 TO: ARBA Support Division-St Louis Date: 22 June 1999

The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis issue a new DD Form 2l4 to the applicant which reflects the following directed change(s):
( X )   Change characterization of discharge to General, Under Honorable Conditions.
( X )   Change reason and authority for discharge to
        Secretarial Authority, AR 635-200.
( X )   Other (see remarks below).
Remarks: Restore grade to Specialist/E-4.
SECTION B - CERTIFICATION

Approval Authority:


THOMAS J. ALLEN
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




SUZANNE WALKER
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge          C - Other
B - Material submitted by applicant

INDEX RECORD:

 AR Number: 1999016050 INDEX NUMBERS: A9236
Date of Review: 990617 A9218
Character of Service: UD A0100
Date of Discharge: 930521
Authority: AR 635-200 C10
Reason: A7000
Results of Board Action/
Vote/Affirmation: GD 5-0 A



PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1.      Mbr  X         X       
2.      Mbr  X         X       
3.      Mbr  X         X       
4.      Mbr  X         X       
5.      Mbr  X         X       

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