Application Receipt Date: 061012
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: 020314
Discharge Received: Date: 020418
Chapter: 14 AR: 635-200
Reason: Misconduct
RE: SPD: JKA
Unit/Location: Headquarters and Headquarters Company, 3d Brigade, 3d Infantry Division (Mechanized), Fort Benning, GA 31905
Time Lost: Absent without leave for a total of 3 days (020109-020111). Applicant returned to unit of assignment.
Article 15s (Charges/Dates/Punishment): 011121/Missing movement/(Company Grade)
011209/Vacation of Suspension for Article 15 received on (011121), (Forfeiture of $272.00 pay per month for one month), applicant failed to go at the time prescribed to her appointed place of duty on or about (011130)
2nd Article 15/020115/Absent without leave and wrongful use of Ecstasy/(Field Grade)
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 820520
Current ENL Date: 000823 Current ENL Term: 04 Years ?????
Current ENL Service: 01 Yrs, 07Mos, 23Days ?????
Total Service: 01 Yrs, 07Mos, 23Days ?????
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes No
MOS: 31U10 (Signal Support Systems Specialist) GT: 115 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: ASR
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:
Evidence of record shows that on 14 March 2002, 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 (wrongful use of ecstasy; missing movement, failure to report and absent without leave), 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 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 26 March 2002, the separation authority 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, 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. Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 7 November 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: 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:
CHRISTINE U. MARTINSON DATE: 20 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060014478
Applicant Name: Ms.
______________________________________________________________________
Page 4 of 4 pages
ARMY | DRB | CY2007 | AR20070013910
Original Character of Discharge Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 070806 Chapter: 8-35c AR: (NGR) 600-200 Reason: Other Designated Physical or Mental Conditions RE: SPD: NA Unit/Location: Co E, 2-285th Avn Regt, Phoenix, AZ Time Lost: None Article 15s (Charges/Dates/Punishment): NIF Court-Martials (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. An enlisted member separated for misconduct which includes unsatisfactory participation...
ARMY | DRB | CY2006 | AR20060007094
Facts and Circumstances: Evidence of record shows that on 10 January 2006, 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 (testing postive for methylendioxymethamphetamine (Ecstasy), disrespect to a noncommissioned officer, and drunk and disorderly on two occasions), with a general, under honorable conditions discharge. Board Discussion, Determination, and...
ARMY | DRB | CY2006 | AR20060009763
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. The analyst noted that the unit commander used Board Procedures when notifying the applicant that he was initiating action to separate him under the provisions of Chapter 14, AR 635-200, by reason of misconduct. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army...
ARMY | DRB | CY2006 | AR20060007017
The unit commander and intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a under other than honorable conditions discharge. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant's available military records, and the issue he submited, the analyst found several mitigating factors that would warrant an upgrade of the characterization of service to general, under honorable conditions. ...
ARMY | DRB | CY2007 | AR20070010217
Facts and Circumstances: Evidence of record shows that on 9 August 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 on 28 June 2005, for going AWOL (050509 to 050613), and the wrongful use of marijuana between (050327 and 050427), with an under other than honorable conditions discharge. The intermediate commander's...
ARMY | DRB | CY2006 | AR20060012926
On 19 September 1996, the applicant consulted with legal counsel and voluntarily requested, in writing, discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial. The unit commander's recommendation for approval of the requested separtation action was not found in the available record and the analyst presumed Government Regularity in the discharge process. Board Discussion, Determination, and Recommendation After carefully examining the applicants record...
ARMY | DRB | CY2008 | AR20080003343
Applicant Name: ????? The analyst found that the length and quality of the applicant's service; to include his combat service, mitigated the discrediting entries in his service record. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: SPC/E-4 ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | DRB | CY2006 | AR20060007416
On 26 January 1996, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than 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 that the characterization of service was too harsh,...
ARMY | DRB | CY2006 | AR20060015434
Facts and Circumstances: Evidence of record shows that on 9 February 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductconviction by civil court (failing to be at his appointed place of duty X 5, 2-5 August 2004, 13 August 2004, and 28 July 2004; and three DUI offenses 5 June 2004, 4 September 2004, and 19 November 2004), with a general, under honorable conditions discharge. The...
ARMY | DRB | CY2008 | AR20080006316
Applicant Name: ????? Facts and Circumstances: Evidence of record shows that on 11 December 2001, 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 use of illegal drugs "Marijuana" (010822), and "Ecstasy" (010901), failure to report X 3 (010417, 010418, and 020320), and failure to obey order or regulation dated (930903), with a general, under honorable...