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 and attached 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: 040610
Discharge Received: Date: 040816
Chapter: 12 AR: 135-178
Reason: Misconduct
RE: SPD: NA
Unit/Location: 351st Ordnance Company, Detachment 1 Heavy Lift, Martinsburg, WV 25401-1728
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: 590524
Current ENL Date: 040120 Current ENL Term: 8 Years ?????
Current ENL Service: 00 Yrs, 06 Mos, 27 Days ?????
Total Service: 14 Yrs, 05 Mos, 17 Days ?????
Previous Discharges: USN-760712-770531/GD
ARNG-771007-901006/HD
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 21F10 Crane Operator GT: NIF EDU: DD 214 Overseas: NIF Combat: NIF
Decorations/Awards: NIF
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 complete facts and circumstances concerning the events that led to his discharge from the United States Army Reserve. However, the evidence of record shows that on 10 June 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 12, AR 135-178, by reason of misconductcommission of a serious offense (tested positive for cocaine on 1 May 2004), with a general, under honorable conditions discharge. The applicant's election of rights are contained in the available record; however, the applicant did not acknowledge or excerise in writing his election of rights. On 16 August 2004, Orders 04-229-00051, DA, HQ, 99th Regional Readiness Command, Coraopolis, Pennslyvania, discharged the applicant from the United States Army Reserve, effective date: 16 August 2004, with an under other than honorable conditions discharge.
b. Legal Basis for Separation:
Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel of the Army Reserve and Army National Guard. Chapter 12 of this regulation defines misconduct by reason of one or more of the following: minor disciplinary infractions, a pattern of misconduct, commission of a serious offense (to include abuse of illegal drugs,) and conviction by civil authorities. The service of a Soldier discharged for reasons indicated in paragraph 12-1, will normally be characterized as under other than honorable conditions. If warranted by the Soldier's overall record, a characterization of service of under honorable conditions may be furnished.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants available military records for the period of enlistment under review, the issue and documents he submitted, the analyst recommends that relief be denied in this case. The applicants record is void of the complete facts and circumstances concerning the events that led to his discharge from the United States Army Reserve. However, on 16 August 2004, Orders 04-229-00051, DA, HQ, 99th Regional Readiness Command, Coraopolis, Pennslyvania, discharged the applicant from the United States Army Reserve, effective date: 16 August 2004, with an under other than honorable conditions discharge. This document identifies the characterization of the discharge and the analyst presumed Government regularity in the discharge process. In the absence of corroborated 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. The analyst noted the applicants issue; however, If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes. Therefore, 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: 10 October 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 to deny relief.
Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: None
Other: NA
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:
CHRISTINE U. MARTINSON DATE: 15 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060012067
Applicant Name: Mr.
______________________________________________________________________
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