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Decision Text

ARMY | DRB | CY2007 | AR20070004168aC071121

Application Receipt Date: 070323

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change

Issues: See DD Form 293.

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: NIF
Discharge Received:     Date: 050827
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKK
Unit/Location: HQ & HQ Company, 1st Battalion, 4th Infantry Regiment, APO
AE  09173-8211

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050727, Wrongfully used marijuana
between on or about (21 April 2005 and 21 May 2005), and committed an
assault upon a PV2, by pointing at him with a dangerous weapon, to wit: a
pocket knife; (15 October 2004), (Field Grade.)

050602, General Officer Memorandum of Reprimand-for driving while impaired
(Administrative).

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  850112
Current ENL Date: 03/08/07    Current ENL Term: 4 Years       
Current ENL Service: 2 Yrs, 0 Mos, 21 Days      
Total Service:  2 Yrs, 0 Mos, 21 Days      
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No
MOS: 42A10 Human Resources Specialist   GT: 110   EDU: HS Grad   Overseas:
Germany (040116-050827)   Combat: None
Decorations/Awards: AAM, NDSM, GWOTSM, 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 17 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 misconduct—commission of
a serious offense (wrongful use of tetrahydrocannabinol (THC) between on or
about 21 April 2005 and 21 May 2005, and assault with a dangerous weapon on
or about 15 October 2004), with a general, under honorable conditions
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 and intermediate
commander's  recommendation of approval of the separation action with a
general, under honorable conditions discharge, is not part of the available
record, and the analyst presumed Government regularity in the discharge
process.  The separation authority waived further rehabilitative efforts
and directed that the applicant be discharged with a characterization of
service of general, under honorable conditions.


      The applicant has a CID Report of Investigation dated (050521), and a
Military Police Report dated (041015, in his Official Military Personnel
File.

















      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 analyst found no mitigating factors that would
merit an upgrade of the applicant's discharge.  The applicant’s discharge
was appropriate because the quality of his service was not consistent with
the Army's standards for acceptable personal conduct and performance of
duty by military personnel.  By his misconduct, the applicant diminished
the quality of his 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 applicant’s
service mitigated the misconduct or poor duty performance.  Furthermore, at
the time of discharge the applicant was appropriately assigned a reentry
eligibility (RE) code of “4.”  An RE code of “4” can not be waived and the
applicant is no longer eligible for reenlistment.  In view of the
foregoing, the analyst determined that the reason for discharge and the
characterization of service were both proper and equitable.





























VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing:                  Date: 15 October 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 applicant’s record of service during the
period of enlistment under review and considering the analyst’s
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: Mr. Ron Williams, 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: 2 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

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