Application Receipt Date: 060511
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached DD Form 293 and supporting 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: 050824
Discharge Received: Date: 051011
Chapter: 14 AR: 635-200
Reason: Misconduct, Abuse of Illegal Drugs
RE: SPD: JKK
Unit/Location: Installation Replacement Training Company, 7th Infantry Division, Fort Carson, CO
Time Lost: None
Article 15s (Charges/Dates/Punishment): 050803/Wrongful use of marijuana/FG
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 761228
Current ENL Date: 011114 Current ENL Term: 04 Years ?????
Current ENL Service: 03 Yrs, 10Mos, 28Days ?????
Total Service: 03 Yrs, 10Mos, 28Days ?????
Previous Discharges: None
Highest Grade: E5
Performance Ratings Available: Yes No
MOS: 11B10 (Infantryman) GT: 126 EDU: HS Grad Overseas: Kuwait Combat: Iraq (030405-040503)
Decorations/Awards: BS, ARCOM (2d Award), AAM, AGCM, NDSM, NCOPDR, ASR, CIB, GWOTEM, GWOTSM
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 24 August 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductabuse of illegal drugs (testing positive for marijuana use on 7 June 2005), and recommended that the applicant be retained in service and receive a rehabilitative transfer. 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 recommended that the applicant be retained in service and receive a rehabilitative transfer. 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. 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, 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 applicants military records, and the independent evidence he submitted, the analyst recommends to the Board that the discharge be upgraded to fully honorable. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the applicants characterization of service was too harsh, and as a result it is now inequitable. The analyst found that the overall length and quality of the applicant's service to include combat time, and the circumstances surrounding the discharge, mitigated the discrediting entry in the service record.
Futhermore, the analyst determined that the narrative reason for discharge was inequitable. The analyst found that the narrative reason for separation on the applicants DD Form 214 was incorrect. Regulations currently in effect list the reason for the applicants discharge as misconduct. Accordingly, the analyst recommends the change of the narrative reason on the DD Form 214 to current standards misconduct.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 070307
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 applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was inequitable. While the applicant's misconduct is not condoned, the Board found that the applicant's overall length and quality of service to include combat service, mitigated the discrediting entry in the service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and change the narrative reason for separation to Secretarial Authority. This action does entail a change to the reentry eligibility (RE) code to "1".
Case report reviewed and verified by: Eric S. Moore, 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: NA
RE Code:
Grade Restoration: No Yes Grade: NA
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 070308
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060006807
Applicant Name: Mr.
______________________________________________________________________
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