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ARMY | DRB | CY1999 | 1999027474
Original file (1999027474.rtf) Auto-classification: Denied
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): 990325

3. Authority for separation:

         a. Regulation: Chapter 14, AR 635-200

          b. Reason: Misconduct
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: NIF
b. Entry date: 980402
c. Age: 35 Years DOB: 621129
d. Educational level: 15 Years
e. Aptitude area score:
          GT: NIF 3. Highest grade achieved:
f. Length of Service: E4
0 Years 11 Months 24 Days

4. Performance evaluations:
NONE

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

5. Periods of unauthorized absence:

Status Inclusive dates
         AWOL

         Mil conf

         Civil conf 980927-981002

         Other


6. Nonjudicial punishment:

         Date     Offense(s)
         990202 Wrongfully used marijuana, between (981207 and 990107)

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

        
         b. SPCM:
                  Date Offense(s)

         c. GCM: 
                  Date Offense(s)


8.       Remarks:


SECTION B - Prior Service Data

Other discharge(s):

          Service   From      To        Type Discharge
         USN 820412 880811 HD
          USAFR NIF 920323 HD
         USN NIF NIF NIF


PART IV - PREHEARING REVIEW

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

         a. The specific facts and circumstances surrounding the events which led to the applicant’s discharge are not contained in the available records. However, it is clear from the evidence of record that the applicant was discharged based on the commission of a serious offense-drug abuse. The record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant. The DD Form 214 documents the following facts: Characterization of Service-General, Under Honorable Conditions (GD); Authority for Separation-Paragraph 14-12c(2), AR 635-200; Narrative Reason for Separation-Misconduct.

         b. On 25 March 1999, the applicant was discharged with a GD. At the time of discharge, the applicant had completed 11 months and 24 days of his current enlistment, and a total of 7 years, 3 months, and 24 days of active military service.

         c. The applicant’s record shows that he had completed over 6 years of active service in the Navy and the Air Force, and completed almost a year of active duty in the Regular Army at the time of his discharge. The highest rank the applicant held while on active duty in the Army was specialist/E-4. The specific facts and circumstances surrounding the events which led to the applicant’s discharge are not contained in the available records. However, it is clear from the evidence of record that the applicant accepted an Article 15 on 2 February 1999 for the wrongful use of marijuana which resulted in his reduction to private first class/E-3. The record also shows that based on this incident of drug abuse he was processed for separation based on the commission of a serious offence. There is no indication in the evidence of record that the applicant’s domestic problems contributed in any way to his being processed for separation. Further, the evidence of record and the independent evidence submitted by the applicant does not provide sufficient information to determine if the applicant was afforded all rights associated with the separation action. However, given the record does contain a properly constituted DD Form 214, signed by the applicant, there is no reason to believe the applicant’s rights were jeopardized in any way.

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 990429, with two (2) 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 D.C. on 4 August 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:
         ( )     Additional issue(s) identified during review/hearing as follows:
         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.

 (1), (2), (3), (4), (5) and (6) The issues are rejected. The Board noted the applicant’s contentions that, in effect, he was the victim of sexual and racial discrimination; his wife was forced to stay in a hotel for four months because he was told to stop clearing post just two hours prior to shipping household goods; he was denied a fair hearing when he was issued an Article 15 for the wrongful use of drugs; that he was discharged while pending medical treatment; that he and his family were harassed; and that the reason for his separation should be changed. However, the Board concluded that the evidence of record and the independent evidence submitted by the applicant do not corroborate these claims. While the available records do not contain the facts and circumstances concerning events that led to a discharge from the Army, the record does included a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which was authenticated by the applicant. This document identifies the reason and characterization of the discharge and the Board presumed government regularity in the discharge process. The Board, being convinced that the reason for discharge and the characterization of service were proper and equitable, voted to deny relief.
(7) and (8) The issues are rejected. The Board noted the applicant's contentions that, in effect, he should receive back pay; and that there should be an investigation of personnel of his old unit. However, these issues are not within the purview of the Army Discharge Review Board (ADRB). The ADRB may only change the characterization or reason for discharge. The proper venue to address these factors is the Army Board for Correction of Military Records (ABCMR). The applicant may apply to the ABCMR utilizing the DD Form 149 enclosed with this action.
3. Response(s) to item(s) not addressed as decisional issue(s): NONE

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                       .

         ( X )    Equitable.
         ( )      Inequitable as to characterization. Change characterization to                                .
         ( )      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 0 5
Characterization 0 5

         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. ADRIANCE
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
NONE
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: 1999027474 INDEX NUMBERS: A9217
Date of Review: 990804 A9315
Character of Service: GD A9331
Date of Discharge: 990325 A9411
Authority: AR 635-200 C14 A9445
Reason: A6770 A9455
Results of Board Action/ A0100
Vote/Affirmation: NC 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    





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