Application Receipt Date: 070501
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: The applicant submitted no issues of equity or propriety to be considered by the Board.
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: 050406
Discharge Received: Date: 050507
Chapter: 14 AR: 635-200
Reason: Misconduct
RE: SPD: JKQ
Unit/Location: A Battery, 1-94th Field Artillery, 1st Armored Division, Baumholder, Germany APO AE 09034.
Time Lost: None
Article 15s (Charges/Dates/Punishment): 050126, Wrongfully used marijuana between on or about (041016-041115), and wrongfully used an unauthorized military pass between on or about (041111-041114), reduction to E-1, forfeiture of $617.00 pay for 2 months, restriction and extra duty for 45 days (FG).
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 831120
Current ENL Date: 031023 Current ENL Term: 3 Years With a 5 month extension (040308) and a new ETS date: (070322).
Current ENL Service: 1 Yrs, 6 Mos, 15 Days ?????
Total Service: 1 Yrs, 6 Mos, 15 Days ?????
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes No
MOS: 13P10 MLRS LANCE OP FD SP GT: 114 EDU: GED Certif Overseas: Germany Combat: None
Decorations/Awards: 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 29 March 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductcommission of a serious offense in that he wrongfully used marijuana, a controlled substance 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 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 27 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 applicants military records, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The analyst determined that the applicants 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 applicants service mitigated the misconduct or poor duty performance. Inview of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 25 April 2008
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 1 No change 4 - Character
Change 0 No change 5 - Reason
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts 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:, 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: 30 April 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070006199
Applicant Name:
______________________________________________________________________
Page 1 of 6 pages
AF | DRB | CY2006 | AR20060015176
Facts and Circumstances: Evidence of record shows that on 14 February 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 wrongfully using marijuana (041018-041218), with a general, under honorable conditions discharge. 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. While the applicant's...
ARMY | DRB | CY2006 | AR20060016278
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 1 December 2005, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 27 December...
ARMY | DRB | CY2008 | AR20080003419
Facts and Circumstances: Evidence of record shows that on 15 May 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductcommission of a serious offense for wrongfully using marijuana between on or about (070107-070207), with a general, under honorable conditions discharge. On 22 May 2007, the separation authority directed that the applicant be discharged with a characterization of service of...
ARMY | DRB | CY2006 | AR20060009483
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 27 May 2004, 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 and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review...
AF | DRB | CY2006 | AR20060015409
Facts and Circumstances: Evidence of record shows that on 2 April 1992, 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 receiving two Field Grade article 15s for wrongful use of marijuana, with a general, under honorable conditions discharge. 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. ...
ARMY | DRB | CY2006 | AR20060013377
On 2 June 2004, 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 that the applicant's characterization of service be upgraded to fully honorable. 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...
AF | DRB | CY2006 | AR20060016226
The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon receiving a characterization of service no less favorable than a general, under honorable conditions discharge, and did not submit a statement in his own behalf. On 5 December 2003, the separation authority directed that the applicant be discharged with a characterization of service of general, under...
ARMY | DRB | CY2007 | AR20070011386
Applicant Name: ????? The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. On 17 October 2006, 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 | CY2007 | AR20070009456
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 9 October 1996, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductfor commission of a serious offense (wrongfully used marijuana between (961212-960716) and damaged another soldier's private property while engaged in a physical altercation, used provoking words and assaulted two unknown males, and were drunk...
AF | DRB | CY2006 | AR20060015160
Facts and Circumstances: Evidence of record shows that on 21 March 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct-Commission of a Serious Offense for having been convicted by a Summary Court Martial for wrongfully use of marijuana X2, with a general, under honorable condition discharge. The intermediate commander reviewed the proposed discharge action and recommended approval of the...