Application Receipt Date: 051021
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached documents.
II. Were Proper Discharge and Separation Authority procedures followed?
Yes No Tender Offer:
See Attachments: Legal Medical Minority Opinion Exhibits
III. Original Character of Discharge
Unit CDR Recommended Discharge: Date: NIF
Discharge Received: Date: 010115
Chapter: 7 AR: 135-178
Reason: Abuse Of Illegal Drugs
RE: SPD: NIF
Unit/Location:
Time Lost: None
Article 15s (Charges/Dates/Punishment): NIF
________________________________________________________________
GOMOR-010115, tested positive for the use of illegal drugs, cocaine and
maijuana, during the command directed urinalysis conducted on 30 April
1999.
Court-Martials (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldier’s Overall Record
DOB: 6230314
Current ENL Date: 940313 Current ENL Term: 6 Years ext 12 months
(000214)
Current ENL Service: 06 Yrs, 10 Mos, 02 Days
Total Service: 19 Yrs, 05 Mos, 18Days
Previous Discharges: RA-810728-850726/HD
USAR-850727-880504/NA
USAR-880505-940312/NA
Highest Grade: E6
Performance Ratings Available: Yes No
MOS: 71L20 Admin Spec GT: 104 EDU: 14 Years Overseas: Hawaii
Combat: None
Decorations/Awards: ARCOM (2), AAM (5), ARCAM (2), NDSM, AFRM, NCOPDR w/2,
HSM, ASR, OSR
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: The applicant has employed full-time at the
Durham VA Medical Center for two and a half years as a medical clerk. He
has attended North Carolina Central University since the fall of 2000 and
received his final grades for this semester, a B and a C.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 15 January 2001, the separation
authority directed that the applicant be separated from the Army with a
general, under honorable conditions discharge. The applicant’s record is
void of the specific facts and circumstances concerning the events that led
to his discharge from the Army. On 18 January 2001, Orders A-018-8, DA,
HQ, 108th Division (Institutional Training), Charlotte, North Carolina,
discharged the applicant from the United States Army Reserve, effective
date: 15 January 2001.
b. Legal Basis for Separation:
Army Regulation 135-178 (Separation of Enlisted Personnel) provides
for the separation of enlisted personnel of the Army Reserve and Army
National Guard. Chapter 7 of this regulation defines misconduct by reason
of one or more of the following: minor disciplinary infractions, a pattern
of misconduct, commission of a serious offense (to include abuse of illegal
drugs,) and conviction by civil authorities. The service of a Soldier
discharged for reasons indicated in paragraph 7, will normally be
characterized as under other than honorable conditions. If warranted by
the Soldier's overall record, a characterization of service of under
honorable conditions may be furnished.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicant’s available records for
the period of enlistment under review, the issue and documents he
submitted, the analyst recommends that the applicant's characterization of
service be upgraded to fully honorable. The evidence in this case supports
a conclusion that the applicant’s characterization of service is too harsh
and as a result it is now inequitable. While the applicant's misconduct is
not condoned, the analyst found that the the overall length and quality of
the applicant's service and his post service accomplishments mitigated the
discrediting entries in his service record. The analyst determined that
the reason for discharge was both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 070110
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. Board Decision
The discharge was: Proper Improper
Equitable Inequitable
The characterization of service was: Proper Improper
Equitable Inequitable
The narrative reasons were: Equitable Inequitable
DRB voting record: Change No change (Character)
Change No change (Reason)
(Board member names available upon
request)
IX. Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the
period of enlistment under review and considering the analyst’s
recommendation and rationale, the Board determined that the
characterization of service was too harsh and as a result it is now
inequitable. Accordingly, the Board voted to grant relief in the form of
an upgrade of characterization of service to fully honorable. However, the
Board determined that the reason for discharge was both proper and
equitable and voted not to change it.
Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: None
Other: TO: ARBA Support Division-St Louis Date:10 January 2007
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
discharge order to the applicant which reflects the following directed
changes:
( x ) Change characterization of discharge to Honorable.
( x ) Other (see remarks below).
Remarks: This action entails issuing a new order discharging the applicant
from the Reserve of the Army with an Honorable
characterization of
service.
RE Code:
Grade Restoration: No Yes Grade: None
XI. Certification Signature and Date
Approval Authority:
ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 070112
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
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