Application Receipt Date: 2006/09/22
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: The applicant submitted no issues of equity or propriety to be considered by the Board.
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: 011030
Discharge Received: Date: 020320
Chapter: 14-12c(2) AR: 635-200
Reason: Misconduct
RE: SPD: JKK
Unit/Location: B/204th Forward Support Bn, Fort Hood, TX 76544
Time Lost: AWOL 5 days (010131-010204), civilian confinement 56 days (001107-001113 and 010619-010806). Total time lost 61 days.
Article 15s (Charges/Dates/Punishment): 010514, wrongful use of a controlled substance (001227), reduction to E-1, $521 x 2, 45 days extra duty and restriction (FG).
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 790629
Current ENL Date: 001004 Current ENL Term: 4 Years
Current ENL Service: 01 Yrs, 03 Mos, 16 Days Reenlistment at Fort Hood, TX not reflected on current DD Form 214
Total Service: 03 Yrs, 06 Mos, 11 Days
Previous Discharges: RA 980709-001003/HD
Highest Grade: E-3
Performance Ratings Available: Yes No
MOS: 77F10/Petroleum Specialist GT: 93 EDU: HS grad Overseas: None Combat: None
Decorations/Awards: ASR, OSR
V. Post-Discharge Activity
Home of Record: Beaumont, TX
Current Address: 8000 W Badura Ave (Apt 1157)
Las Vegas NV 89113
Post Service Accomplishments: None listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 30 October 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct for having received a field grade Article 15 for wrongful use of a controlled substance on or about 27 December 2000 and for being absent due to civilian confinement 7-13 November 2000 and again 19 June 2001 to 7 August 2001, with a general, under honorable conditions discharge. He was advised of his rights. On 2 November 2001, 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. 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, and the issue he submitted, the analyst determined that the characterization of service is improper. The analyst noted that the government introduced into the discharge packet the results of a command directed competence for duty (i.e., fitness for duty) biochemical test. This is limited use information as defined in Chapter 6, AR 600-85. Use of this information mandates award of a fully honorable characterization of service. Accordingly, the analyst recommends that the applicants characterization of service be upgraded to fully honorable. However, the analyst found that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 19 December 2007
Location: Washington, D.C.
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 noted that the government introduced the results of a command directed urinalysis into the discharge process. This is limited use information as defined in Chapter 6, AR 600-85. Use of this information mandates award of a fully honorable discharge. Accordingly, the Board voted to change the characterization of service to fully honorable. However, the board found that the reason for discharge was fully supported by the record and voted not to change it.
Case report reviewed and verified by: Alejandro Champin, 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:
CHRISTINE U. MARTINSON DATE: 21 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
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