Application Receipt Date: 060831
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: 911022
Discharge Received: Date: 911127
Chapter: 14 AR: 635-200
Reason: Misconduct-Abuse Of Illegal Drugs
RE: SPD: JKK
Unit/Location: HHC 67th Maintenance Battalion, Fort Ord, CA 93941-6100
Time Lost: None
Article 15s (Charges/Dates/Punishment): 910814-Wrongfully used cocaine between on or about (910428) and (910529), and without authority failed to go at the time prescribed to her appointed place of duty, (910617), (Field Grade).
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 680123
Current ENL Date: 891122 Current ENL Term: 4 Years ?????
Current ENL Service: 02 Yrs, 00 Mos, 06 Days ?????
Total Service: 05 Yrs, 10 Mos, 28 Days The applicant's total service is incorrect, should read 05 Yrs, 10 Mos, 28 Days.
Previous Discharges: USAR-860226-870628/NA
ADT-870629-870829/UNC
USAR-870829-891121/NA
Highest Grade: E3
Performance Ratings Available: Yes No
MOS: 71L Administrative Spec GT: 113 EDU: HS Letter Overseas: None Combat: None
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: The applicant submitted a certificate verifying she is currently a school teacher for the State of Missouri, and that she received her Bachelors degree in May 2005 (Special Education) and is currently pursuing a Masters degree in reading. The applicant submitted a license which shows she is an Associate Minister at Hopewell Baptist Church and serves on several other ministry auxiliaries.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 17 0ctober 1991, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductabuse of illegal drugs (wrongfully used cocaine on 29 May 1991), 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 submitted a statement in her 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 25 October 1991, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
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 during the period of enlistment under review, the issue and documents she submitted, the analyst recommends that the applicants characterization of service be upgraded to fully honorable. This recommendation was made after full consideration of her faithful and honorable service, as well as her record of misconduct. The evidence in this case supports a conclusion that the applicants characterization of service was too harsh, and as a result it is now inequitable. While the applicant's misconduct is not condoned, the analyst found that the overall length of the applicant's service; the time that has elapsed since her discharge and her post service accomplishments, mitigated the discrediting entries in her service record. However, the analyst determined that reason for discharge was both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 3 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 5 No change 0 - 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 characterization of service was too harsh, and as a result it is now inequitable. 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. 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: 12 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060012260
Applicant Name: Ms.
______________________________________________________________________
Page 4 of 5 pages
ARMY | DRB | CY2006 | AR20060008175
Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents. 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. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review...
ARMY | DRB | CY2007 | AR20070010689
Applicant Name: ????? The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in her own behalf. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.
ARMY | DRB | CY2007 | AR20070013567
The applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived her right to an administrative separation board contingent upon receiving a general discharge, and submitted a statement in her own behalf. On 10 March 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,...
ARMY | DRB | CY2007 | AR20070013371
The applicant submitted her copy of the Commanders notification memorandum indicating that on 19 April 2005, the Commander was initiating separation action under provisions of Chapter 14 for commission of a serious offense for her absence without leave (050207-050227) with a recommendation for an honorable characterization of service. Her DD Form 214 indicates that she was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c by reason of misconduct, with a...
ARMY | DRB | CY2007 | AR20070011406
Applicant Name: ????? Facts and Circumstances: Evidence of record shows that on 4 May 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 for receiving a Field Grade Article 15 for wrongfully using marijuana (030502), and the suspended portion was vacated (030509), was accused of using and possessing marijuana in another Soldier's barracks room and was tried...
ARMY | DRB | CY2007 | AR20070012993
The applicant consulted with legal counsel, was advised of the impact of the discharge action, and indicated she would submit a statement in her own behalf however, the statement is not part of the available record. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable conditions discharge. On 13 September 2005, the separation authority waived further rehabilitative efforts and directed that the...
ARMY | DRB | CY2008 | AR20080006295
The applicant waived legal counsel, was advised of the impact of the discharge action, waived consideration of her case by an administrative separation board, and did not submit a statement in her own behalf. While the applicant's misconduct is not condoned, the analyst found that the length and quality of the applicant's service, to include her combat service and the recommendation of the unit and intermediate commanders for approval with a honorable discharge, mitigated the discrediting...
ARMY | DRB | CY2006 | AR20060012222
Original Character of Discharge Unit CDR Recommended Discharge: Date: 060227 Discharge Received: Date: 060421 Chapter: 14 AR: AR 635-200 Reason: Misconduct (AWOL) RE: SPD: JKD Unit/Location: Company P, 266th Quartermaster Battalion, Fort Lee, VA Time Lost: The applicant was AWOL for a total of 17 days from (060128-060131), and (060202-060216). On 11 April 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a...
AF | DRB | CY2006 | AR20060015159
Facts and Circumstances: Evidence of record shows that on 01 May 1995, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct for failure to report, disobeying a lawful regulation, writing bad checks, failure to obey lawful orders and indebtedness, with a general under honorable conditions discharge. On 5 May 1995, the separation authority waived further rehabilitative efforts and directed that the...
ARMY | DRB | CY2006 | AR20060007009
Current ENL Service: 02 Yrs, 05 Mos, 24 Days ????? On 18 January 2006, 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 review and considering the analysts recommendation and rationale, the Board determined...