Application Receipt Date: 070524
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 with attachment.
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: 050125
Discharge Received: Date: 050217
Chapter: 14 AR: 635-200
Reason: Misconduct
RE: SPD: JKK
Unit/Location: A Company, 2nd Battalion, 504th Parachute Infantry Regiment,
82nd Airborne Division, Fort Bragg, NC 28310
Time Lost: None
Article 15s (Charges/Dates/Punishment): 041217, Wrongfully used cocaine
between on or about (17 November 2004 and 24 November 2004), (Field Grade)
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldier’s Overall Record
DOB: 820713
Current ENL Date: 030430 Current ENL Term: 3 Years with a DAT Waiver,
approved on (030205)
Current ENL Service: 1 Yrs, 9 Mos, 18 Days
Total Service: 1 Yrs, 9 Mos, 18 Days
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 11B1P Infantryman GT: 113 EDU: HS Grad Overseas: Southwest Asia
Combat: Iraq (040114-040501)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR, EIB
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 25 January 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 (use of an illegal drug-cocaine), 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 January 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 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. There was a full
consideration of all faithful and honorable service as well as the
infraction of discipline, the extent thereof, and the seriousness of the
offense. 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: 6 August 2007
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: N/A
Witnesses/Observers: N/A
Exhibits Submitted: N/A
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 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. Ron Williams, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: N/A
Other: N/A
RE Code:
Grade Restoration: No Yes Grade: N/A
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 17 August 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY | DRB | CY2007 | AR20070007235C071116
Facts and Circumstances: Evidence of record shows that on 25 January 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 (use of an illegal drug-cocaine), with a general, under honorable conditions discharge. On 28 January 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a...
ARMY | DRB | CY2007 | AR20070007235C071116
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 28 January 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. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under...
ARMY | DRB | CY2006 | AR20060008926
Current ENL Service: 1 Yrs, 7 Mos, 11 Days ????? Facts and Circumstances: Evidence of record shows that on 8 December 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct(wrongful use of cocaine) pattern of misconduct, with a general, under honorable conditions discharge. On 22 December 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be...
ARMY | DRB | CY2006 | AR20060006024
Current ENL Service: 0 Yrs, 10 Mos, 27 Days ????? 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 intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.
ARMY | DRB | CY2006 | AR20060011720
Facts and Circumstances: Evidence of record shows that on 10 October 1997, 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 (you received two Field Grade Article 15s for marijuana use, cocaine use, and for disobeying and disrespecting a superior commissioned officer), with a general, under honorable conditions discharge. On 24 October 1997, the separation...
ARMY | DRB | CY2006 | AR20060010364
Facts and Circumstances: Evidence of record shows that on 27 July 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/abuse of illegal drugs, (you wrongfully used cocaine and you absented yourself from your unit from 5 May 2005 to 14 June 2005), with an under other than honorable conditions discharge. The intermediate commander reviewed the proposed...
ARMY | DRB | CY2006 | AR20060010078
Current ENL Service: 2 Yrs, 8 Mos, 7 Days ????? The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. Accordingly, the analyst recommends that the applicants characterization of service be upgraded to fully honorable.
ARMY | DRB | CY2006 | AR20060007846
The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. 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, voted to deny relief. ...
ARMY | DRB | CY2006 | AR20060005781
Current ENL Service: 2 Yrs, 3 Mos, 22 Days ????? Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Secretarial Authority under Chapter 5, AR 635-200 Other: None RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 16 February 2007 Lieutenant Colonel, U.S. Army Chief, Secretary...
ARMY | DRB | CY2006 | AR20060011722
Facts and Circumstances: Evidence of record shows that on 16 January 2003, 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 (you tested positive for the wrongful use of cocaine on a unit urinalysis that was conduct on 6 November 2002 and 19 October 2000, failure to be at your appointed place of duty, and violating a lawful general order), with a general, under...