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ARMY | DRB | CY2000 | 2000037576

Original file (2000037576.rtf) Auto-classification: Approved

PART II - APPLICATION DATA

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

1. Character of Discharge: General, Under Honorable Conditions

2. Date of discharge (or REFRAD): 910808

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
a. Period entered for: 4 Years NDSM
b. Entry date: 881129 ASR
c. Age: 21 Years DOB: 671012
d. Educational level: 13 Years
e. Aptitude area score:
         GT: 118 3. Highest grade achieved:
f. Length of Service: E3
2 Year(s) 8 Month(s) 10 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)
         900306 Derelict the performance of his duties (900214)
         900730 Wrongfully possess one bag of marijuana (900701)
         910430 Assault PFC (910419)
         910517 FTG, two specifications (910504); (910505); willfully disobey (910430); break restriction, three specifications (910504); (910505)

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 30 May 1991, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—pattern of misconduct, with a general, under honorable conditions discharge. He was advised of his rights. The applicant acknowledged notification, consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf. The unit commander subsequently recommended 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 18 July 1991, the separation authority directed that the applicant be discharged with a general, under honorable conditions discharge.

         b. On 8 August 1991, the applicant was discharged. At the time of discharge, the applicant had 2 years, 8 months, and 10 days of service on his current enlistment.

         c. The unit commander initiated and recommended separation action under the provisions of Chapter 14-12b, AR 635-200, for a pattern of misconduct and the separation authority approved the recommendation under the provisions of Chapter 14-12b for a pattern of misconduct. However, in the next paragraph the separation authority stated the applicant would be discharged under the provisions of AR 635-200, Chapter 14-12c for commission of a serious offense. He was to be discharged with a general, under honorable conditions discharge with a SPD code of JKM and a Reenlistment code of RE-3.

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 000210, with six (6) enclosure(s).
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE
         C-1: DD Form 149, dated 000210.

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 22 March 2000

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

         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.

(4) The issue is accepted. The evidence of record shows that the applicant’s discharge was approved under the provisions of Chapter 14, Paragraph 14-12b, AR 635-200 for a “Pattern of Misconduct” with a separation code of “JKM”. However, someone involved in the discharge process erroneously changed the narrative reason and authority for separation to Paragraph 14-12c-“Misconduct-Abuse of Illegal Drugs” and the separation code to “JKK”. Therefore, the Board directs that the applicant’s DD Form 214 be administratively corrected to reflect the approved narrative reason and separation authority. The Board further directs the separation code be corrected to “JKA” the appropriate code for a “Pattern of Misconduct”. Additionally, AR 635-200, currently in effect, lists the narrative reason for the applicant’s discharge as “Misconduct.” Accordingly, the Board voted to change the narrative reason for separation on the applicant’s DD Form 214 to “Misconduct.”

(1) The issue is rejected. The Board carefully examined the applicant’s record of service during the period of enlistment under review and the additional documents submitted with his application. There was a full consideration of all faithful and honorable service as well as infractions of discipline, the extent thereof, and the seriousness of the offenses. Notwithstanding the aforementioned changes in the response to issue (4) above, the Board concluded that the applicant’s record of misconduct and poor duty performance diminished the quality of his service below that meriting a fully honorable discharge. The Board, being convinced that the characterization of service was both proper and equitable, voted not to change it.

(2) and (3) The issues are rejected. Changing Reenlistment codes is not within the purview of the Army Discharge Review Board. The applicant should submit his request for a change of his RE code to the Commander, US Army PERSCOM, ATTN: TAPC-EPR-P, 2461 Eisenhower Avenue, Alexandria, Virginia 22331-0450. To obtain a waiver for reenlistment, the applicant should contact a local Army recruiter for assistance.

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                       .

         ( )      Equitable.
         ( )      Inequitable as to characterization. Change characterization to                                .
         ( X )    Inequitable as to reason. Change reason to Misconduct under 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 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


MRS. WADE
Case Reviewing Official

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis Date: 24 March 2000

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 reason and authority for discharge to Misconduct
        AR 635-200, Paragraph 14-12b .
( X )   Other (see remarks below).

Remarks: Change the separation code to JKA .

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: 2000037576 INDEX NUMBERS: A9442
Date of Review: 000322 A0100
Character of Service: GD A9445
Date of Discharge: 910808
Authority: AR 635-200 C14
Reason: A6700
Results of Board Action/
Vote/Affirmation: MD 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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ARMY | DRB | CY2000 | 2000037576

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