Application Receipt Date: 070504
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's DD Form 293 and attached documents.
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: 060913
Chapter: 14 AR: 635-200
Reason: Misconduct-Drug Abuse
RE: SPD: JKK
Unit/Location: E Company, 82nd Chemical Battalion, (TR) TC Fort Leonard
Wood, MO 65473-5000
Time Lost: AWOL-9 days from (060527-060605), mode of return to military
control not in the file.
Article 15s (Charges/Dates/Punishment): NIF
Court-Martials (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldier’s Overall Record
DOB: 821202
Current ENL Date: 060123/OAD Current ENL Term: 00 Years 21 Weeks
Current ENL Service: 00 Yrs, 07 Mos, 12 Days
Total Service: 00 Yrs, 08 Mos, 04 Days
Previous Discharges: ARNG-051230-060122/NA
Highest Grade: E1
Performance Ratings Available: Yes No
MOS: None GT: NIF EDU: GED Cert Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: None
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The specific facts and circumstances leading to the applicant’s
discharge from the Army are not contained in the available records.
However, the record does contain a properly constituted DD form 214
(Certificate of Release or Discharge from Active Duty), which was
authenticated by the applicant’s signature. His DD Form 214 indicates
that he was discharged under the provisions of AR 635-200, Chapter 14,
paragraph 12c(2) by reason of misconduct-abuse of illegal drugs, with a
characterization of service of general, under honorable conditions.
Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e.,
misconduct-abuse of illegal drugs).
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 available records for
the period of enlistment under review, the issues and documents he
submitted, the analyst finds no facts that would merit an upgrade of the
applicant's discharge and recommends that relief be denied in this case.
The applicant’s record is void of the specific facts and circumstances
concerning the events that led to his discharge from the Army. However,
the applicant’s record does contain a properly constituted DD Form 214
(Certificate of Release or Discharge from Active Duty), which was
authenticated by the applicant's signature. This document identifies the
reason and characterization of the discharge and the analyst presumed
Government regularity in the discharge process. That DD Form 214 indicates
that the applicant was discharged under the provisions of AR 635-200,
Chapter 14, paragraph 12c by reason of misconduct-abuse of illegal drugs,
with a characterization of service of general, under honorable conditions.
Barring evidence to the contrary, the analyst was satisfied that all
requirements of law and regulation were met and the rights of the applicant
were fully protected throughout the separation process. 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. Therefore, 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: 5 November 2007
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel:
Witnesses/Observers:
Exhibits Submitted: The applicant submitted eight additional pages of
documents in support of his personal appearance hearing.
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
carefully examining the applicant’s record of service during the period of
enlistment under review, hearing his testimony, 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. 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: 13 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
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