PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)
1. Character of Discharge: Honorable
2. Date of discharge (or REFRAD): 890706
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 (2) OSR
a. Period entered for: 3 Years GCMDL (3) EFMB
b. Entry date: 861218 AOM
c. Age: 28 Years DOB: 581114 NCOPDR
d. Educational level: HS Grad ASR
e. Aptitude area score:
GT: 104 3. Highest grade
achieved:
f. Length of Service: E5
2 Years 6 Months 19 Days
4. Performance evaluations:
See OMPF (fiche)
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)
881122 Wrongfully used marijuana (880912)(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
Other discharge(s):
Service From To Type Discharge
RA 760831 790307 Honorable
RA 790308 830120 Honorable
RA 830121 861217 Honorable
PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
a. Evidence of record shows that on 26 January 1989, 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-abuse of illegal drugs
(marijuana), with a general, under honorable conditions discharge. He was
advised of his rights. On 27 January 1989, the applicant consulted with
legal counsel and was advised of the impact of the discharge action. He
indicated that he was submitting a statement in his own behalf; however, no
statement is contained in the available records. He also voluntarily
waived consideration of his case by an administrative separation board
contingent on receiving a characterization of service no less favorable
than honorable. On 30 January 1989, the unit commander subsequently
recommended separation from the service and waiver of further
rehabilitative efforts. On 1 February 1989, the intermediate commanders
reviewed the proposed discharge action and recommended approval of the
separation action with a general, under honorable conditions discharge. On
5 June 1989, the applicant acknowledged receipt of the notification to
appear before an administrative separation board. On 8 June 1989, an
administrative separation board conducted the proceedings in the
applicant’s case. The applicant was present with his defense counsel.
Based on its findings, the Board recommended separation with a
characterization of service of honorable. On 27 June 1989, the separation
authority approved the Board’s findings and recommendations. The
separation authority waived further rehabilitative efforts, directed the
discharge of the applicant with a characterization of service of honorable.
b. On 6 July 1989, the applicant was discharged. At the time of
discharge, the applicant had completed 2 years, 6 months, and 19 days of
active military service in the period under review and had a total of 12
years, 10 months, and 6 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 040203, 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:
( X ) Records review ( ) Hearing
b. Type Held:
( X )Records review ( ) Hearing
( ) Tender Offer
c. Review/hearing location and date: Washington, DC on 20 October
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:
( X ) Additional issue(s) identified during review/hearing as
follows:
Board Issue: (3) The discharge is improper.
b. Request: ( ) Recharacterization ( X ) 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.
(3) The issue is accepted. The Board carefully examined the
applicant’s record of service during the period of enlistment under review.
The Board noted that the unit commander used “Board Procedures” when
notifying the applicant that he was initiating action to separate him under
the provisions of Chapter 14, AR 635-200, by reason of misconduct. By
using “Board Procedures” the authority for approval of the applicant’s
separation rested with the General Court-Martial Convening Authority. The
evidence of record shows that applicant’s separation action was improperly
approved at the Special Court-Martial Convening Authority level. In view
of the foregoing, the Board determined that the discharge was improper.
Accordingly, the Board voted to grant full relief in the form of a change
to the narrative reason for separation to Secretarial Authority. This
action does not entail a change to the reentry eligibility (RE) code.
(1) and (2) See Paragraph 3, below.
b. Equity: The applicant has not submitted an issue of equity
and the ADRB has not otherwise relied upon an issue of
equity to change the discharge. The major factors upon
which the discharge was based are set forth in Parts III
and IV of this decisional document.
3. Response(s) to item(s) not addressed as decisional issue(s):
Inasmuch as the Board voted to grant the full relief requested,
response to the remaining issues is neither required nor rendered.
Further, the applicant’s record contains two properly constituted DD Form
214’s. One for the period of service (760831-790307) and one for the
period (790308-890706).
PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote
1. Board conclusion(s):
The discharge was:
( ) Proper.
( ) Improper as to characterization. Change characterization to
.
( X ) Improper as to reason. Change reason to Secretarial Authority
under Chapter 5, AR 635-200.
( ) 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 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
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
MR. RIVERA
Case Reviewing Official
PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
TO: ARBA Support Division-St Louis Date: 22 October 2004
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
Secretarial Authority, Chapter 5, AR 635-200.
( X ) Other (see remarks below).
Remarks: This action does not entail a change to the RE code.
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: 2004104179 INDEX NUMBERS: A0108
Date of Review: 041020 A1200
Character of Service: HD
Date of Discharge: 890706
Authority: AR 635-200 C14
Reason: A6770
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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