Application Receipt Date: 060719
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 with attachments.
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: 010720
Chapter: 14 AR: 635-200
Reason: Misconduct-Abuse of Illegal Drugs
RE: SPD: JKK
Unit/Location: 84th Engineer Company, ACR FC, Fort Polk, LA 71459-5000
Time Lost: None
Article 15s (Charges/Dates/Punishment): NIF
Court-Martials (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 660108
Current ENL Date: 990128 Current ENL Term: NIF Years ?????
Current ENL Service: 2 Yrs, 5 Mos, 23 Days ?????
Total Service: 2 Yrs, 5 Mos, 23 Days ?????
Previous Discharges: None
Highest Grade: NIF
Performance Ratings Available: Yes No
MOS: 91B10 Medical Specialist GT: NIF EDU: NIF Overseas: NIF Combat: NIF
Decorations/Awards: ASR
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: See DD Form 293 with attachments.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants signature. His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, Paragraph 14-12c(2) AR 635-200, by reason of misconduct-abuse of illegal drugs with a characterization of service of general, under honorable conditions and a reeentry eligibility code of 3. Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct-abuse of illegal drugs.)
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 available military records, documents and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicants discharge. The applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the applicants record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and the analyst presumed Government Regularity in the discharge process. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, Paragraph 12c(2) by reason of misconduct-abuse of illegal drugs, with a characterization of service of general, under honorable conditions. Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Furthermore, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 11 July 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 0 No change 5 - Character
Change 0 No change 5 - 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 both proper and equitable, voted to deny relief.
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: N/A
Other: N/A
RE Code:
Grade Restoration: No Yes Grade: N/A
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 20 July 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060010086
Applicant Name: Mr.
______________________________________________________________________
Page 6 of 6 pages
ARMY | DRB | CY2006 | AR20060006701
Current ENL Service: 1 Yrs, 2 Mos, 29 Days ????? Facts, Circumstances, and Legal Basis for Separation a. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 9 March 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060006701 Applicant Name:...
ARMY | DRB | CY2007 | AR20070006217C071116
Facts, Circumstances, and Legal Basis for Separation a. Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct-abuse of illegal drugs). c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants available records for the period of enlistment under review, the issues and documents he submitted, the analyst finds no facts that would merit an upgrade of the applicant's discharge and recommends that relief be denied in this case.
ARMY | DRB | CY2007 | AR20070006217aC071121
Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's DD Form 293 and attached documents. Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct-abuse of illegal drugs). That DD Form 214 indicates that the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 12c by reason of misconduct-abuse of illegal drugs, with a characterization of service of general, under honorable conditions.
ARMY | DRB | CY2006 | AR20060007087
His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c(2) by reason of misconduct, abuse of illegal drugs, with a characterization of service of general, under honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct-abuse of illegal drugs). That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c by reason of misconduct-abuse...
ARMY | DRB | CY2006 | AR20060014781
Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct-abuse of illegal drugs). Army Regulation 635-200, provides in pertinent part, that a Soldier is in entry-level status for the first 180 days of continuous active duty. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 28 November 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY...
ARMY | DRB | CY2006 | AR20060009831
Current ENL Service: 02 Yrs, 06 Mos, 12 Days ????? Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct-commission of a serious offense/abuse of illegal drugs). Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 20 July 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
AF | DRB | CY2007 | AR20070013026
Facts and Circumstances: The evidence of record shows that on 10 December 1999, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductpattern of misconduct, with a general, under honorable conditions discharge. On 28 January 2000, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under...
ARMY | DRB | CY2007 | AR20070006217C071116
Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct-abuse of illegal drugs). 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 issues and documents he submitted, the analyst finds no facts that would merit an upgrade of the applicant's discharge and recommends that relief be denied in this case. That DD Form 214 indicates that the applicant was...
ARMY | DRB | CY2006 | AR20060010978
Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293. Therefore, it is recommended to the Board that the reason for discharge and the characterization of service were both proper and equitable. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 21 June 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE...
ARMY | DRB | CY2007 | AR20070013026aC071121
Facts and Circumstances: The evidence of record shows that on 10 December 1999, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct, with a general, under honorable conditions discharge. On 28 January 2000, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under...