Search Decisions

Decision Text

ARMY | DRB | CY2006 | AR20060014937
Original file (AR20060014937.txt) Auto-classification: Denied
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.       
______________________________________________________________________

Page 1 of 4 pages

Similar Decisions

  • ARMY | DRB | CY2006 | AR20060006807

    Original file (AR20060006807.txt) Auto-classification: Denied

    The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Accordingly, the analyst recommends the change of the narrative reason on the DD Form 214 to current standards “misconduct.” VII. While the applicant's misconduct is not condoned, the Board found that the applicant's overall length and quality of service to include combat service, mitigated the discrediting...

  • ARMY | DRB | CY2008 | AR20080010781

    Original file (AR20080010781.txt) Auto-classification: Denied

    The applicant waived legal counsel, was advised of the impact of the discharge action, and submitted a statement in her own behalf. 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 directed that the applicant be discharged with a characterization of service of general, under honorable conditions.

  • ARMY | DRB | CY2006 | AR20060007019

    Original file (AR20060007019.txt) Auto-classification: Denied

    Furthermore, the DD Form 214 shows a Separation Code of JKA (i.e., misconduct-pattern of misconduct.) Therefore, it is recommended to the Board that the reason for discharge and the characterization of service were both proper and equitable. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 30 March 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW...

  • ARMY | DRB | CY2009 | AR20090002824

    Original file (AR20090002824.txt) Auto-classification: Approved

    Applicant Name: ????? On 28 April 2006, the separation authority approved the Chapter 10 request with an under other than honorable conditions discharge. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: E4 ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...

  • ARMY | DRB | CY2008 | AR20080012420

    Original file (AR20080012420.txt) Auto-classification: Approved

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted, not in file, a statement in his own behalf. On 7 November 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable conditions. While the applicant's misconduct is not condoned, the overall length and quality of the applicant's service to include his combat tour in...

  • ARMY | DRB | CY2009 | AR20090013352

    Original file (AR20090013352.txt) Auto-classification: Approved

    Applicant Name: ????? The analyst was satisfied that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process. 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: NA Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court...

  • ARMY | DRB | CY2007 | AR20070012947

    Original file (AR20070012947.txt) Auto-classification: Denied

    Applicant Name: ????? The applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, and did not submit a statement in his own behalf. On 17 April 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable conditions.

  • ARMY | DRB | CY2008 | AR20080013722

    Original file (AR20080013722.txt) Auto-classification: Denied

    Discharge Under Review Unit CDR Recommended Discharge: Date: 070827 Discharge Received: Date: 071012 Chapter: 14-12c(2) AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: G Btry, 1st Bn, 6th Field Artillery, Ft. 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 Action Directed President, Army Discharge Review Board Issue a new DD...

  • ARMY | DRB | CY2008 | AR20080005838

    Original file (AR20080005838.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 18 April 2007, 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 testing positive for the wrongful use of cocaine (070301-070401) and AWOL (070331-070401), with a general under honorable conditions discharge. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement...

  • ARMY | DRB | CY2007 | AR20070015231

    Original file (AR20070015231.txt) Auto-classification: Denied

    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. On April 1, 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. Certification Signature Board Vote: Approval Authority: Character - Change 1 No change 4 Reason - Change 0 No change 5 (Board member names available...