Application Receipt Date: 060823
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: 000524
Discharge Received: Date: 000707
Chapter: 14 AR: 635-200
Reason: Misconduct
RE: SPD: JKK
Unit/Location: A Company, 296th Field Support Battalion, Fort Lewis, WA 98433-9500
Time Lost: None
Article 15s (Charges/Dates/Punishment): 000207, Wrongfully used marijuana between on or about (991029 and 991129), (Field Grade)
2nd Article 15, 000510, Failed to go to her appointed place of duty x 3, (000415), (000416) and (000419), (Company Grade)
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 770803
Current ENL Date: 990610 Current ENL Term: 3 Years ?????
Current ENL Service: 1 Yrs, 0 Mos, 28 Days ?????
Total Service: 1 Yrs, 3 Mos, 15 Days ?????
Previous Discharges: USAR-990127-990413/Unchar
Highest Grade: E2
Performance Ratings Available: Yes No
MOS: 88M10 Motor Transport Operator GT: 98 EDU: GED Certif Overseas: None Combat: None
Decorations/Awards: ASR
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: See DD Form 293
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 18 May 2000, 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, with a general, under honorable conditions discharge. She was advised of her 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 27 June 2000, 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 Military Police Report dated (991216) in her 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 she 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 her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By her misconduct, the applicant diminished the quality of her 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. Furthermore the analyst noted the applicant's issue; however, 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: 29 August 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:
CHRISTINE U. MARTINSON DATE: 21 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060012046
Applicant Name: Ms.
______________________________________________________________________
Page 6 of 6 pages
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 | AR20060009202
Current ENL Service: 1 Yrs, 10 Mos, 11 Days ????? The separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 8 June 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | DRB | CY2006 | AR20060011529
Facts and Circumstances: Evidence of record shows that on 1 September 2005, 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 (you violated Article 87 of the UCMJ, by missing movement through neglect, by negligently not providing proper care for your children, and violated Article 86 of the UCMJ, by failing to report to your appointed placed of duty at the prescribed time)...
ARMY | DRB | CY2006 | AR20060006033
Current ENL Service: 0 Yrs, 10 Mos, 20 Days ????? Facts and Circumstances: Evidence of record shows that on 15 June 2005, 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 (unlawfully struck a SPC, disobeyed a CPT, disobeyed a SFC, and disobeyed a 1SG), with a general, under honorable conditions discharge. The separation authority waived further rehabilitative efforts...
ARMY | DRB | CY2006 | AR20060009834
The separation authority approved the applicant's discharge as misconduct-commission of a serious offense/abuse of illegal drugs, with the description of service as uncharacterized. Army Regulation 635-200 also provides, except in cases of serious misconduct, that a soldiers service will be uncharacterized when her separation is initiated while the soldier is in entry level status. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army...
ARMY | DRB | CY2006 | AR20060010449
Facts and Circumstances: Evidence of record shows that on 19 January 2001, 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 (failure to report to your appointed place of duty at the time prescribed, disobey and disrespect towards a commissioned officer, and the above behavior resulted in you receiving two Company Grade Article 15's, and several negative counseling...
ARMY | DRB | CY2006 | AR20060011580
Furthermore, the DD Form 214 shows a Separation Code of JKA (i.e., misconduct-pattern of misconduct.) That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12b by reason of misconduct-pattern of misconduct, with a characterization of service of general, under honorable conditions. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE...
ARMY | DRB | CY2006 | AR20060006714
Current ENL Service: 1 Yrs, 1 Mos, 2 Days ????? Facts and Circumstances: Evidence of record shows that on 22 July 2002, 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 (received a Company Grade Article 15 for larceny, received another Company Grade Article 15 for failing to be at your appointed place of duty and received several counseling statements for behavioral...
ARMY | DRB | CY2006 | AR20060006046
Facts and Circumstances: Evidence of record shows that on 11 July 2003, 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 (received a DUI in addition to several negative counseling statements), with a general, under honorable conditions discharge. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Secretarial Authority...
ARMY | DRB | CY2006 | AR20060011717
Facts and Circumstances: Evidence of record shows that on 19 January 1993, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, AR 635-200, by reason of entry level status performance and conduct, with an uncharacterized discharge. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with an uncharacterized separation of service. Certification Signature and Date Approval...