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): 900614
3. Authority for separation:
a. Regulation: Chapter 14, Paragraph 14-12c, AR 635-200
b. Reason: Misconduct-Commission of Serious Offense
4. Prior review(s): NONE
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review
1. Service data: 2. Awards and
decorations:
ARCOM (3rd Awd) L/Ach
a. Period entered for: 5 Yrs (6 mos. ext) AAM (2nd Awd)
b. Entry date: 851231 (880108) GCMDL (2nd Awd)
c. Age: 27 Years DOB: 581224 ASR
d. Educational level: GED NCOPDRw/Num2
e. Aptitude area score: OSR
GT: 99 3. Highest grade
achieved:
f. Length of Service: E5
4 Year(s) 5 Month(s) 3 Day(s)
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)
880701 Wrongful use of marijuana (Dec 87); wrongful use of
marijuana (Jan 88); wrongful use of marijuana on (880319);
false statement on (990429)(Field Grade);
7. Court-Martial data:
a. SCM:
Date Offense(s)
b. SPCM:
Date Offense(s)
900228 Wrongful use of marijuana on (891028);
c. GCM:
Date Offense(s)
8. Remarks: NONE
SECTION B - Prior Service Data
Other discharge(s):
Service From To Type Discharge
RA 780801 810628 Honorable
RA 810629 851230 Honorable
PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
a. Evidence of record shows that on 16 April 1990, the unit
commander notified the applicant of initiation of separation action under
the provisions of Chapter l4, AR 635-200, by reason of
misconduct—commission of a serious offense, with a general, under honorable
conditions discharge. The applicant was recommended for discharge based on
his conviction by Special Court-Martial of wrongful use of marijuana, and a
previous field grade Article 15 for wrongful use of marijuana. He was
advised of his rights. The applicant consulted with legal counsel, was
advised of the impact of the discharge action, unconditionally waived his
right to appear before an administrative separation board, and did not
submit a statement in his own behalf. The unit commander subsequently
recommended separation from the service and waiver of further
rehabilitative efforts. The intermediate commander(s) reviewed the
proposed discharge action and recommended approval of the separation action
with a general discharge. On 25 April 1990, the separation authority
waived further rehabilitative efforts and directed that the applicant be
discharged with a characterization of service of general, under honorable
conditions.
b. On 14 June 1990, the applicant was discharged. At the time of
discharge, the applicant had completed 4 years, 5 months, and 3 days of
active military service in the period under review and had a total of 11
years, 10 months and
14 days of active 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 031119, with 23 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 11 August
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.
(1) The issue is rejected. The Board carefully examined the
applicant’s record of service during the period of enlistment under review.
There was a full consideration of all faithful and honorable service as
well as the infractions of discipline, the extent thereof, and the
seriousness of the offenses. The Board noted the applicant’s contentions;
however, did not find said contentions sufficiently mitigating to warrant
an upgrade of the discharge under review. The applicant, by violating the
Army's policy not to possess or use illegal drugs, compromised the special
trust and confidence placed in a non-commissioned officer (NCO). The
applicant, as a NCO, had the duty to support and abide by the Army's drug
policies. By abusing illegal drugs, the applicant knowingly risked a
military career and this misconduct diminished the quality of service below
that meriting a fully honorable discharge. 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
1901 South Bell Street, 2nd Floor
Arlington, VA 22202-4508
3. 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 - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
NONE
SECTION B - CERTIFICATION
Approval Authority:
ROBERT L. HOUSE
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: 2003099675 INDEX NUMBERS: A9217
Date of Review: 040811 A9235
Character of Service: GD A0113
Date of Discharge: 900614
Authority: AR 635-200 C14
Reason: A6730
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
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The applicant consulted with legal counsel, was advised of the impact of the discharge action, and requested appearance before a board of officers. The Board noted that the unit commander used “Board Procedures” when notifying the applicant that she was initiating action to separate her under the provisions of Chapter 14, AR 635-200, by reason of misconduct. SECTION B - CERTIFICATION Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review...
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The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived an administrative separation board contingent upon receiving a general, under honorable conditions discharge, and did not submit a statement in his own behalf. The Board determined that the reason for discharge was proper and equitable and voted not to change it. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant
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The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived appearance before an administrative separation board contingent upon receiving an honorable discharge, and did not submit a statement in her own behalf. 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. Minority views: NONE PART VII -...
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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. Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to fully honorable and to change the reason for discharge to Secretarial Authority. SECTION B - CERTIFICATION Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review...
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The Board, being convinced that the characterization of service and the reason for discharge were proper and equitable, voted to deny relief. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. ADRIANCE 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...
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His DD Form 214 indicates that he was discharged under the provisions of Chapter 10, AR 635-200 by reason of for the good of the service-in lieu of trial by court-martial, with a characterization of service of under other than honorable conditions. SECTION B - CERTIFICATION Approval Authority:SPURGEON A. MOORE 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 | CY2005 | 20050007894
DEPARTMENT OF THE ARMY Army Discharge Review Board 1901 South Bell Street Arlington, VA 22202-4508 23 December 2005 Office of the President After careful review of your application, military records and all other available evidence, the Army Discharge Review Board determined that you were properly and equitably discharged. On 23 January 1997, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service...
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Remarks: NONE SECTION B - Prior Service Data Other discharge(s): Service From To Type Discharge RA 950118 970526 Honorable PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: 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. SECTION B - CERTIFICATION Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review...
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Service data: 2. Evidence of record shows that on 12 February 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—commission of a serious offense, with a general, under honorable conditions discharge. The administrative separation board considered all the evidence presented by the applicant and her counsel, and found that misconduct (use of illegal drugs) occurred and that she should be...