Application Receipt Date: 060710
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached 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: NIF
Discharge Received: Date: 050921
Chapter: 14 AR: 635-200
Reason: Misconduct, Abuse of Illegal Drugs
RE: SPD: JKK
Unit/Location: Headquarters and Headquarters Battery, 1st Battalion, 1st Air Defense Artillery, 31st Air Defense Artillery Brigade, Fort Bliss, TX
Time Lost: The applicant has a total of 24 days of lost time (050428-050521). However, the reason for lost time was not found in the available record.
Article 15s (Charges/Dates/Punishment): NIF
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 810603
Current ENL Date: 011221 Current ENL Term: 06 Years ?????
Current ENL Service: 03 Yrs, 09Mos, 07Days ?????
Total Service: 03 Yrs, 09Mos, 07Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 25Q10 (Multichannel Transmission Systems Operator/Maintainer) GT: 113 EDU: HS Grad Overseas: Kuwait Combat: Iraq (030303-030529)
Decorations/Awards: ARCOM, AGCM, NDSM, NCOPDR, ASR, 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:
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, AR 635-200, by reason of misconduct-abuse of illegal drugs with a characterization of service of under other than honorable conditions and a reeentry eligibility code of 4. Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct-drug abuse).
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 available military records, the issue he submitted and the supporting documentation, 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, 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 drug, with a characterization of service of under other than 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. Therefore, it is recommended to the Board 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: 6 June 2007
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 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 and voted not to change it.
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: NA
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: 21 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060010978
Applicant Name: Mr.
______________________________________________________________________
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