Search Decisions

Decision Text

ARMY | DRB | CY2004 | AR20040008101
Original file (AR20040008101.doc) Auto-classification: Denied


                           DEPARTMENT OF THE ARMY
                         Army Discharge Review Board
                           1901 South Bell Street
                          Arlington, VA  22202-4508
                                10 June 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.  Accordingly, your request for
a change in the character and/or reason of your discharge is denied.

      You may reapply to the Army Discharge Review Board for a personal
appearance hearing and/or you may apply to the Army Board for Correction of
Military Records.  Enclosed are the necessary applications for requesting a
review from both boards.  If you choose to apply to the Army Board for
Correction of Military Records you must do so within three years from the
date of this letter.

      Be advised that the Army Discharge Review Board operates on a 15-year
statute of limitations from the date of discharge; therefore, you must
reapply within this time frame for a hearing.

      If you believe that the decision in your case is unclear, not
responsive to the issues raised, or does not otherwise agree with the
decisional document requirements of DoD Directive 1332.28, you may submit a
complaint in accordance with Enclosure 5 of that Directive.  The complaint
procedure does not permit you to challenge the merits of the decision, but
is designed solely to ensure that the decisional document meets applicable
requirements for clarity and responsiveness.  You may obtain a copy of DoD
Directive 1332.28 by writing to:  Army Review Board Agency, Attention:
(Reading Room), The Pentagon, Washington, DC 20310-1809.

                                  Sincerely,




                                  Robert L. House
                                  Colonel, U.S. Army
                                  President

Enclosure


                           MILITARY REVIEW BOARDS

                           Case Report & Directive


                        PART I - IDENTIFICATION DATA

NAME:       ADDRESS:

      PHONE:



COUNSEL:    ADDRESS:

      PHONE:




ALTERNATE PERSON(S) TO BE NOTIFIED:     ADDRESS:

RELATIONSHIP:                     PHONE:



TYPE REPORT:

   ( X ) Original
   (   ) Addendum




                                   REMARKS
                            Case Management Data

(   )  Response to other correspondence required upon completion of case.

(   )  DD Form 149 in file.  Send case to ABCMR.


















OSA FORM 172 (REVISED) 22 May 98     Cover Sheet
                         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):  031229

3.  Authority for separation:

      a.  Regulation:  Chapter 14, Paragraph 14-12c(2), 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:
                                           ARCOM
    a.  Period entered for:  4 Years               NDSM
    b.  Entry date:  020509                        ASR
    c.  Age:  18 Years   DOB:  840218


    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT:  111                               3.  Highest grade
achieved:
    f.  Length of Service:                         E3
          1 Year  7 Month(s)  21 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)
      031021     Wrongful use of cocaine (030812-030917) (Field Grade)


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 9 December 2003, 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 unit commander indicated that he was initiating
separation proceedings based on the applicant’s wrongful use of cocaine.
He was advised of his rights.  The applicant waived his right to consult
with legal counsel, was advised of the impact of the discharge action, 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 reviewed the proposed
discharge action and recommended approval of the separation action with a
general, under honorable conditions discharge.  On 15 December 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.

      b.  On 29 December 2003, the applicant was discharged.  At the time
of discharge, the applicant had completed 1 year, 7 months, and 21 days of
active military service in the period under review.

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 040920, 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 8 June
2005.

      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 infraction of discipline, the extent thereof, and the
seriousness of the offense.  The Board noted the applicant’s contentions;
however, the commission of a serious offense compelled the applicant’s
command to consider him for separation.  Retention is normally only
considered in exceptionally meritorious cases when clearly in the best
interests of the Army.  The applicant's discharge was appropriate because
the quality of his service was not consistent with the Army's standards for
acceptable personal conduct and performance of duty by military personnel.
The applicant, by violating the Army's policy not to possess or use illegal
drugs, compromised the trust and confidence placed in a soldier.  The
applicant, as a soldier, 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 diminished the quality of service below that meriting a
fully honorable discharge.  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.  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:




ESMERALDA G. PROCTOR
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:  20040008101                   INDEX NUMBERS:  A9217
Date of Review:  050608                                   A9235
Character of Service:  GD                                 A0101
Date of Discharge:  031229
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       






Similar Decisions

  • ARMY | DRB | CY2004 | AR2004100701

    Original file (AR2004100701.doc) Auto-classification: Denied

    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. 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 and verified MR. RON WILLIAMS Case Reviewing...

  • ARMY | DRB | CY2004 | AR2004103388

    Original file (AR2004103388.doc) Auto-classification: Denied

    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, 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. RON WILLIAMS Case...

  • ARMY | DRB | CY2004 | AR2004104083

    Original file (AR2004104083.doc) Auto-classification: Denied

    SECTION B - Prior Service Data Other discharge(s): Service From To Type Discharge RA 890718 920105 Honorable PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. 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. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case...

  • ARMY | DRB | CY2004 | AR2004101012

    Original file (AR2004101012.doc) Auto-classification: Approved

    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. Issue(s) of propriety and/or equity submitted by applicant or counsel. Remarks: This action entails a restoration of the applicant’s grade to “PFC/E-3.” SECTION B - CERTIFICATION Approval Authority: ROBERT L....

  • ARMY | DRB | CY2004 | AR2004101153

    Original file (AR2004101153.doc) Auto-classification: Approved

    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. The Board determined that the applicant’s reason for discharge was both proper and equitable, and voted not to change it. 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,...

  • ARMY | DRB | CY2004 | AR20040008641

    Original file (AR20040008641.doc) Auto-classification: Denied

    DEPARTMENT OF THE ARMY Army Discharge Review Board 1901 South Bell Street Arlington, VA 22202-4508 24 June 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. 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. Minority views:...

  • ARMY | DRB | CY2005 | 20050007894

    Original file (20050007894.doc) Auto-classification: Denied

    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...

  • ARMY | DRB | CY2005 | AR20050004021

    Original file (AR20050004021.doc) Auto-classification: Denied

    DEPARTMENT OF THE ARMY Army Discharge Review Board 1901 South Bell Street Arlington, VA 22202-4508 4 November 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. 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. Minority views:...

  • ARMY | DRB | CY2004 | AR20040004754

    Original file (AR20040004754.doc) Auto-classification: Denied

    DEPARTMENT OF THE ARMY Army Discharge Review Board 1901 South Bell Street Arlington, VA 22202-4508 25 February 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. 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. Minority views:...

  • ARMY | DRB | CY2004 | AR20040007459

    Original file (AR20040007459.doc) Auto-classification: Denied

    DEPARTMENT OF THE ARMY Army Discharge Review Board 1901 South Bell Street Arlington, VA 22202-4508 6 May 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. Remarks: NONE SECTION B - Prior Service Data Other discharge(s): Service From To Type Discharge RA 840209 870203 Honorable ARNGUS 870204 910112 Honorable PART IV - PREHEARING...