Search Decisions

Decision Text

ARMY | DRB | CY2003 | 2003094602
Original file (2003094602.rtf) Auto-classification: Denied
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): 930723

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:
                            ARCOM
a. Period entered for: 2 Years (6 Years Ext) NDSM
b. Entry date: 900317 (910425) NCOPDR (2)
c. Age: 28 Years DOB: 610721 ASR
d. Educational level: HS Grad GCMDL
e. Aptitude area score:
          GT: NIF 3. Highest grade achieved:
f. Length of Service: E5
3 Years 4 Months 7 Days

4. Performance evaluations:
See OMPF

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)
          930123   Art. 15-NIF (Reduced to SPC/E4).
          930419   Art. 15-NIF (Reduced to PV1/E1).
        


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

        
         b. SPCM:
                  Date Offense(s)

         c. GCM: 
                  Date Offense(s)


8.       Remarks: Record contains a CID – Initial Report, dated 28 December 1992, stating investigation disclosed the applicant wrongfully possessed and ingested cocaine, which was detected during a command-directed urinalysis.
SECTION B - Prior Service Data


Other discharge(s):

          Service   From      To        Type Discharge
         USAR     800821   810628   NA
         RA       810629   840628   Honorable
         USAR     840629   900316   Honorable


PART IV - PREHEARING REVIEW

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

         a. The specific facts and circumstances leading to the applicant’s discharge are not in the available records. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. His DD Form 214 indicates that he was involuntarily discharged under the provisions of Chapter 14, paragraph 14-12c, AR 635-200 by reason of misconduct-abuse of illegal drugs, with a separation code of JKK, and an RE code of 3.

         b. On 23 July 1993, the applicant was discharged. At the time of discharge, the applicant had completed 3 years, 4 months, and 7 days of active military service in the period under review and had a total of 9 years, 6 months and 28 days of total military service.

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 030812, with no enclosures.
         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:
         ( X )Records review ( ) Hearing
         ( ) Tender Offer

         c. Review/hearing location and date: Washington, DC on 9 February 2004 .

         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.

 Counsel Issue :
(1) The issue is rejected. The applicant’s record is void of the specific facts and circumstances concerning events that led to a discharge from the Army. However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. This document identifies the reason and characterization of the discharge and the Board presumed government regularity in the discharge process. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, by reason of misconduct-abuse of illegal drugs, with a characterization of service of general, under honorable conditions. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. Barring evidence to the contrary, the Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

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. RON WILLIAMS
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
NONE
SECTION B - CERTIFICATION

Approval Authority:


SPURGEON A. MOORE
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




MARY E. SHAW
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: 2003094602 INDEX NUMBERS: A9301
Date of Review: 040209 A9217
Character of Service: GD A0100
Date of Discharge: 930723
Authority: AR 635-200 C14
Reason: A6770
Results of Board Action/
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    






Similar Decisions

  • ARMY | DRB | CY1999 | 1999019474

    Original file (1999019474.rtf) Auto-classification: Denied

    Remarks: NONE SECTION B - Prior Service Data NONEOther discharge(s): ServiceFromToType Discharge PART IV - PREHEARING REVIEWSECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances:a. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 1999019474 INDEX NUMBERS: A9217 Date of Review: 990517 A0100 Character of Service: GD A9500 Date of Discharge: 970529 Authority: AR 635-200 C14 Reason: A6700 Results of Board Action/ Vote/Affirmation:...

  • ARMY | DRB | CY1997 | 199701520

    Original file (199701520.rtf) Auto-classification: Denied

    940819: Applicant was discharged. additionally, The Army Discharge Review Board cannot change your reenlistment code. CASE NO: AD97-01520 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY2003 | 2003093019

    Original file (2003093019.rtf) Auto-classification: Denied

    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. 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:SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application...

  • ARMY | DRB | CY1999 | 1999019109

    Original file (1999019109.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: 1999019109 INDEX NUMBERS: A9217 Date of Review: 990331 A9500 Character...

  • ARMY | DRB | CY2003 | AR2003097359

    Original file (AR2003097359.doc) Auto-classification: Denied

    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, illegal use of drugs, with a characterization of service of general, under honorable conditions. On 11 June 2003, the applicant was discharged. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART VIII -...

  • ARMY | DRB | CY2004 | AR2004104453

    Original file (AR2004104453.doc) Auto-classification: Denied

    His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, Paragraph 14-12c(2), AR 635-200 by reason of misconduct-abuse of illegal drugs, with a characterization of service of general, under honorable conditions. This document identifies the reason and characterization of the discharge and the Board presumed government regularity in the discharge process. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed...

  • ARMY | DRB | CY2001 | 2001059898

    Original file (2001059898.rtf) Auto-classification: Denied

    His DD form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200 by reason of misconduct, with a characterization of service of general, under honorable conditions. 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 | DRB | CY2000 | 2000042036

    Original file (2000042036.rtf) Auto-classification: Denied

    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. It 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. The Board,...

  • ARMY | DRB | CY2004 | AR2004101157

    Original file (AR2004101157.doc) Auto-classification: Denied

    On 19 February 2003, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case...

  • ARMY | DRB | CY1999 | 1999026241

    Original file (1999026241.rtf) Auto-classification: Denied

    However, in review of the applicant’s entire service record, the Board found that these accomplishments did not overcome the reason for discharge and characterization of service granted.3. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MRS. WADE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army...