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: 020522
Discharge Received: Date: 020624
Chapter: 14 AR: 635-200
Reason: Misconduct
RE: SPD: JKK
Unit/Location: A Company, 3rd Battalion, 15th Infantry, 3rd ID
(Mechanized), Fort Stewart, GA 31314
Time Lost: AWOL-28 days, from (990923-991020), mode of return to military
control not in the file.
Article 15s (Charges/Dates/Punishment): 020228-Wrongfully use marijuana,
between on or about (011118) and on or about (011217), (Field Grade).
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldier’s Overall Record
DOB: 781113
Current ENL Date: 010524 Current ENL Term: 4 Years
Current ENL Service: 01 Yrs, 00 Mos, 03Days
Total Service: 03 Yrs, 08 Mos, 19 Days
Previous Discharges: RA-980908-010523/HD
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 11B10 Infantryman GT: 99 EDU: HS Grad Overseas: None Combat:
None
Decorations/Awards: AGCM, NDSM, ASR
V. Post-Discharge Activity
Home of Record:
Current Address:
United States
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
. Evidence of record shows that on 22 May 2002, the unit commander
notified the applicant of initiation of separation action under the
provisions of Chapter 14, AR 635-200, by reason of misconduct—abuse of
illegal drugs (tested positive for marijuana on 4 January 2002 and 17
December 2001), with a general, under honorable conditions discharge. He
was advised of his rights. The applicant waived 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. The
intermediate commander reviewed the proposed discharge action and
recommended approval of the separation action with a general, under
honorable conditions discharge. On 28 May 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 during
the periods of enlistment under review 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, eligibility for veteran's
benefits to include educational benefits under the Montgomery GI Bill does
not fall within the purview of the Army Discharge Review Board.
Accordingly, the applicant should contact a local office of the Department
of Veterans Affairs for further assistance. Therefore, the analyst
determined that the reason for discharge and the characterization of
service remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 22 August 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, voted to deny relief.
Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: None
Other: NA
RE Code:
Grade Restoration: No Yes Grade: None
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE: 11 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
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