Application Receipt Date: 051230
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 with attachment
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: 050321
Discharge Received: Date: 050331
Chapter: 14 AR: 635-200
Reason: Misconduct
RE: SPD: JKK
Unit/Location:
Time Lost: AWOL x 2, for a total of 185 days, from (041122-050331) and
(040629-040823)
Article 15s (Charges/Dates/Punishment): The unit commander's recommendation
to separate the applicant from the Army indicates he has a record of non-
judicial punishment; however, the document is not part of the available
records. Also, he was reduced to PV1 on (040607)
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldier’s Overall Record
DOB: 830206
Current ENL Date: 011115 Current ENL Term: 4 Years
Current ENL Service: 2 Yrs, 10 Mos, 10 Days
Total Service: 2 Yrs, 10 Mos, 10 Days
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 92G10 Food Service Specialist GT: 104 EDU: HS Grad Overseas:
None Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 21 March 2005, the unit commander
notified the applicant of initiation of separation action under the
provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of
a serious offense (tested positive for cocaine on a urinalysis and as a
result went AWOL, and upon his return tested positive for marijuana), with
a general, under honorable conditions discharge. He was advised of his
rights. The applicant consulted 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 1 March 2005, the separation authority directed that the
applicant be discharged with a characterization of service of general,
under honorable conditions.
b. Legal Basis for Separation:
Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel. Chapter 14 establishes policy and
prescribes procedures for separating members for misconduct. Specific
categories include minor disciplinary infractions, a pattern of misconduct,
and 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.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicant’s military records and the
issue he submitted, the discharge is improper. The analyst noted that
someone other than the Special Court-Martial Convening Authority approved
the applicant’s discharge. In view of the foregoing, the discharge was and
is improper. Accordingly, full relief in the form of an upgrade of the
characterization of service to fully honorable and a change to the
narrative reason for separation to Secretarial Authority is recommended to
the Board. This action does not entail a change to the reentry eligibility
(RE) code; however, the Board can consider it.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 8 November 2006
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: N/A
Witnesses/Observers: N/A
Exhibits Submitted: N/A
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 discharge was
and is improper. Accordingly, the Board voted to grant full relief in the
form of an upgrade of the characterization of service to fully honorable
and a change to the narrative reason for separation to Secretarial
Authority. This action does not entail a change to the reentry eligibility
(RE) code.
Case report reviewed and verified by: Mr. Ron Williams, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: Secretarial Authority under Chapter 5, AR 635-200
Other: None
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:
ESMERALDA G. PROCTOR DATE: 13 November 2006
Colonel, U.S. Army
Chief, Secretary Recorder
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