Search Decisions

Decision Text

ARMY | DRB | CY1999 | 1999027472
Original file (1999027472.rtf) Auto-classification: Approved
PART II - APPLICATION DATA

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

1. Character of Discharge: GD

2. Date of discharge (or REFRAD): 860619

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:
                           ASR
a. Period entered for: 3 Years
b. Entry date: 840125
c. Age: 17 Years DOB: 661018
d. Educational level: 11 Years
e. Aptitude area score:
         GT: 109 3. Highest grade achieved:
f. Length of Service: E4
2 Year(s) 4 Month(s) 25 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)
         860326 Wrongfully used marijuana, between (860115 and 860204)


7. Court-Martial data: NONE

         a. SCM:
                 
Date Offense(s)

        
         b. SPCM:
                 
Date Offense(s)


         c. GCM: 
                 
Date Offense(s)


8.       Remarks: NONE


SECTION B - Prior Service Data
NONE

Other discharge(s):

         Service   From      To        Type Discharge






PART IV - PREHEARING REVIEW

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

         a. Evidence of record shows that on 28 April 1986, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—abuse of illegal drugs, with a general discharge (GD). He was advised of his rights. The applicant acknowledged notification, consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his behalf. The unit commander subsequently recommended waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval. On 22 May 1986, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a GD.

         b. On 19 June 1986, the applicant was discharged with a general, under honorable conditions discharge. At the time of discharge, the applicant had
2 years, 4 months, and 25 days service on his current enlistment.

         c. The unit commander indicated that the specific reason for initiating the action to separate the applicant was his one time positive test for marijuana.

2.
Legal/Regulatory Basis for Separation Action : Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter l4 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, 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.


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 990602, with one (1) 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:
         ( X ) Records review ( ) Hearing

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

         c. Review/hearing location and date:
Washington, DC on 28 July 1999 .

         d. Appearance by:
         Applicant ( ) Yes ( X ) No
         Counsel ( ) Yes ( X ) No

         e. Applicant testified: ( ) Yes ( X ) 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: (3) Characterization of discharge was too harsh.
(4) The narrative reason for discharge is inequitable.

         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 applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge.

         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.

(3) 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 applicant's generally acceptable personal conduct and performance of duty mitigated the discrediting entries in the service record. Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to fully honorable.

(4) The issue is accepted. Regulations currently in effect list the reason for the applicant’s discharge as misconduct. Accordingly, the Board voted to change the narrative reason on the DD Form 214 to misconduct.

(1) and (2) 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 by the applicant, response to the remaining issues is neither required nor rendered.


PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.       Board conclusion(s):

         The discharge was:

         ( X )    Proper.
         ( )      Improper as to characterization. Change characterization to
                                     .
         ( )      Improper as to reason. Change reason to
                        under                       .

         ( )      Equitable.
         ( X )    Inequitable as to characterization. Change characterization to
Honorable .
         ( X )    Inequitable as to reason. Change reason to
  Misconduct  
                  under
  Chapter 14, AR 635-200   .
         ( )      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: 30 July 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 Honorable .

(
X )   Reason and authority for discharge be changed to
       
Misconduct , Chapter 14, AR 635-200.

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: 1999027472 INDEX NUMBERS: A9218
Date of Review: 990728 A9442
Character of Service: GD A0100
Date of Discharge: 860619
Authority: AR 635-200 C14
Reason: A6770
Results of Board Action/
Vote/Affirmation: HD 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.      PO  X     X           





Similar Decisions

  • ARMY | DRB | CY1999 | 1999024640

    Original file (1999024640.rtf) Auto-classification: Denied

    PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 1999024640 INDEX NUMBERS: A9201 Date of Review: 990526 A9217 Character...

  • ARMY | DRB | CY2000 | 2000046304

    Original file (2000046304.rtf) Auto-classification: Denied

    The applicant acknowledged notification, 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 on his receiving a characterization of service or no less favorable than general, under honorable conditions and did not submit a statement in his own behalf. However, in review of the applicant’s entire service record, the Board found that these accomplishments did not overcome...

  • ARMY | DRB | CY2001 | 2001058501

    Original file (2001058501.rtf) Auto-classification: Denied

    The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.3. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:GERARD W. SCHWARTZ Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A -...

  • ARMY | DRB | CY1997 | 199700734

    Original file (199700734.rtf) Auto-classification: Denied

    CASE NO: AD97-00734 PART III - SERVICE HISTORYSECTION A - Period of Service Under Review - Continued 5. CASE NO: AD97-00734 PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified COL ALLEN Post Hearing Reviewer PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE (X) NONE SECTION B - CERTIFICATION EL CARTIO BARNES Colonel, U.S. Army President, Army Discharge Review Board CASE NO: AD97-00734 PART IX - VOTING RECORD Name Reason...

  • ARMY | DRB | CY1999 | 99032221

    Original file (99032221.rtf) Auto-classification: Approved

    c. The unit commander recommended the applicant be separated because of the applicant’s continued unsatisfactory performance after he was counseled. SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board AR Number: 1999032221 INDEX NUMBERS: A0154 Date of Review: 991027 A0100 Character of Service: GD A9201 Date of Discharge: 910911 A9223 Authority: AR 635-200 C13 A9447 Reason: A4900 Results of Board Action/ Vote/Affirmation: HD...

  • ARMY | DRB | CY2000 | 2000040886

    Original file (2000040886.rtf) Auto-classification: Approved

    A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 980302. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2000040886 INDEX NUMBERS: A9456 Date of Review: 000802 A1200 Character of Service: GD Date of Discharge: 971029 Authority: AR 635-200 C14 Reason: A6730 Results of Board Action/ Vote/Affirmation: MD 3-2 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY2003 | 2003084440

    Original file (2003084440.rtf) Auto-classification: Approved

    His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200 by reason of misconduct-commission of a serious offense, with a characterization of service of general, under honorable conditions. ( X ) Change reason and authority for discharge to Misconduct, AR 635-200. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2000 | 2000037973

    Original file (2000037973.rtf) Auto-classification: Approved

    ( X ) Change characterization of discharge to Honorable . SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY1999 | 1999029166

    Original file (1999029166.rtf) Auto-classification: Approved

    Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in her behalf. Accordingly, the Board voted to upgrade the characterization of service to fully honorable, and to change the reason for discharge to Secretarial Authority.3.

  • ARMY | DRB | CY2000 | 2000042415

    Original file (2000042415.rtf) Auto-classification: Approved

    On 16 July 1993, the applicant was discharged. The Board does not condone the applicant’s misconduct, however the Board determined that the characterization of service was inequitable because the applicant's generally acceptable personal conduct and performance of duty mitigated the discrediting entries in the service record. ( X ) Change reason and authority for discharge to Misconduct, under AR 635-200.