Application Receipt Date: 061020
Prior Review Prior Review Date: NA
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: I received awards and decorations. I have combat service.
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: 050418
Discharge Received: Date: 050516
Chapter: 14-12c AR: 635-200
Reason: Misconduct
RE: SPD: JKK
Unit/Location: HQ 50th Signal Bn (Rear)(Provisional) Ft. Bragg, NC 28310
Time Lost: NONE
Article 15s (Charges/Dates/Punishment): 050224, wrongfully use marijuana (050105-050207); reduction to E-2; $692 x 2; 45 days extra duty (FG).
Court-Martials (Charges/Dates/Punishment): NONE
Counseling Records Available: Yes No
IV. Soldier's Overall Record
DOB: 820117
Current ENL Date: 020219 Current ENL Term: 4 Years
Current ENL Service: 3 Yrs, 2Mos, 28Days
Total Service: 3 Yrs, 2Mos, 28Days
Previous Discharges: NONE
Highest Grade: E-4
Performance Ratings Available: Yes No
MOS: 25Q10/Multi-Channel Trans Sys GT: 120 EDU: HS Grad Overseas: NA Combat: Iraq 030316-040320
Decorations/Awards: NDSM, ICM, GWOTEM, GWOTSM, ASR
V. Post-Discharge Activity
Home of Record: Vallejo, CA
Current Address: PO Box 335
Fairfield CA 94533
Post Service Accomplishments: Has been employed with 1st Pacific Credit Union since September 2005.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 18 April 2005, 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 wrongful use of marijuana, with a general discharge. He was advised of his 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. On 25 April 2005, 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 applicant's military records, and the independent evidence he submitted, the analyst recommends to the Board that the applicant's characterization of service be upgraded to fully honorable. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. The evidence in this case supports a conclusion that the applicant's characterization of service was too harsh, and as a result it is inequitable. While the applicant's misconduct is not condoned, the overall length of the applicant's service, to include his combat service, mitigated the discrediting entries in his service record. Accordingly, the analyst recommends that the applicant's characterization of service be upgraded to fully honorable. However, the analyst determined 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: 071213
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 4 No change 1 - Character
Change 0 No change 5 - Reason
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
Case report reviewed and verified by: Timon M. Oujiri, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to:
Other:
RE Code:
Grade Restoration: No Yes Grade:
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE:
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060014937
Applicant Name: Mr.
______________________________________________________________________
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