Application Receipt Date: 060606
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293
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: 050215
Discharge Received: Date: 050301
Chapter: 14 AR: 635-200
Reason: Misconduct-Abuse of Illegal Drugs
RE: SPD: JKK
Unit/Location: Rear Detachment, 1st Squadron, Task Force Curran, 2nd Armored Cavalry Regiment, Fort Polk, LA 71459
Time Lost: None
Article 15s (Charges/Dates/Punishment): 040916, Wrongfully used marijuana between on or about (22 June 2004 and 22 July 2004), (Field Grade)
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 821023
Current ENL Date: 020402 Current ENL Term: 3 Years ?????
Current ENL Service: 2 Yrs, 11 Mos, 0 Days ?????
Total Service: 2 Yrs, 11 Mos, 0 Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 13B10 Cannon Crewmember GT: 104 EDU: GED Overseas: Southwest Asia Combat: Iraq (030425-040713)
Decorations/Awards: NDSM, GWOTEM, 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 15 February 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductcommission of a serious offense (you 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. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
The applicant has a CID Report of Investigation dated (041205) in his OMPF
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 applicants military records, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicants 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. By his misconduct, the applicant diminished the quality of his 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 applicants service mitigated the misconduct or poor duty performance. Therefore, the reason for discharge and the characterization of service remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 25 April 2007
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 applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the characterization of service was too harsh, and as a result it is inequitable. The Board does not condone the applicants misconduct; however, determined that the length and quality of the applicant's service, to include his combat service, mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the 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. Ron Williams, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: None
Other: None
RE Code:
Grade Restoration: No Yes Grade: None
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 4 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060008143
Applicant Name: Mr.
______________________________________________________________________
Page 6 of 6 pages
ARMY | DRB | CY2007 | AR20070007235C071116
The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. On 28 January 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under...
ARMY | DRB | CY2006 | AR20060012250
The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 24 November 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during...
ARMY | DRB | CY2006 | AR20060006707
Facts and Circumstances: Evidence of record shows that on 10 November 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductcommission of a serious offense/abuse of illegal drugs (positive urinalysis for marijuana), with a general, under honorable conditions discharge. On 21 November 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be...
ARMY | DRB | CY2006 | AR20060008148
Current ENL Service: 1 Yrs, 6 Mos, 18 Days ????? The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 23 September 2002, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
ARMY | DRB | CY2006 | AR20060006028
Facts and Circumstances: Evidence of record shows that on 24 July 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductcommission of a serious offense (illegal drug use on 31 May 2005, you tested positive for Methamphetamines), with a general, under honorable conditions discharge. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service...
ARMY | DRB | CY2006 | AR20060006024
Current ENL Service: 0 Yrs, 10 Mos, 27 Days ????? The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.
ARMY | DRB | CY2006 | AR20060006711
The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge and did not submit a statement in his own behalf. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other...
ARMY | DRB | CY2006 | AR20060008926
Current ENL Service: 1 Yrs, 7 Mos, 11 Days ????? Facts and Circumstances: Evidence of record shows that on 8 December 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct(wrongful use of cocaine) pattern of misconduct, with a general, under honorable conditions discharge. On 22 December 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be...
ARMY | DRB | CY2006 | AR20060008130
Current ENL Service: 1 Yrs, 7 Mos, 4 Days ????? The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 14 April 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
ARMY | DRB | CY2006 | AR20060014947
Facts and Circumstances: Evidence of record shows that on 3 April 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductcommission of a serious offense (you tested positive for cocaine between on or about 2 March 2006 and 5 March 2006), with a general, under honorable conditions discharge. The intermediate commander reviewed the proposed discharge action and recommended approval of the...