Application Receipt Date: 061019
Prior Review Prior Review Date: NA
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: Young and poor decisions; wants his time served in Afghanistan since being discharged as his apology to the Army
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: 021121
Discharge Received: Date: 021220
Chapter: 14-12c AR: 635-200
Reason: Misconduct
RE: SPD: JKQ
Unit/Location: 21st Cargo Transfer Co, 57th Transportation BN, Ft. Lewis, WA
Time Lost: None
Article 15s (Charges/Dates/Punishment): 021115, drunk on duty (021014), reduction to E-1, forfeiture of $552 (suspended), 45 days extra duty (FG).
Soldier admitted to arrest for assault (Sum Art 15).
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldier's Overall Record
DOB: 800117
Current ENL Date: 010409 Current ENL Term: 3 Years Extension for 2 months
Current ENL Service: 1 Yrs, 8Mos, 12Days
Total Service: 5 Yrs, 0Mos, 01Days
Previous Discharges: ARNG 971220-010408/HD
Highest Grade: E-4
Performance Ratings Available: Yes No
MOS: 88M10/Motor Transport GT: NIF EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM, ASR,
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: Served in Afghanistan with KB&R in the class III bulk fuel yard; a certificate of appreciation is enclosed.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 21 November 2002, 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 being an ASAP rehabilitation failure and for being drunk on duty, with a general discharge. He was advised of his rights. The applicant did not consult with legal counsel 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 discharge. On 27 November 2002, 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 issue he submitted, 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 applicant's 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: 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 5 No change 0 - 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 AR20060014949
Applicant Name: Mr.
______________________________________________________________________
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