Applicant Name: ?????
Application Receipt Date: 070912
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: "I feel I served my contry for 10 years and deserves the honorable discharge, and i served in OEF and OIF on multiable occasions."
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: 060414
Discharge Received: Date: 060825
Chapter: 14-12C(2) AR: 635-200
Reason: Misconduct (Drug Abuse)
RE: SPD: JKK
Unit/Location: HQ, 3rd Inf Div and Fort Stewart, Fort Stewart, GA
Time Lost: None
Article 15s (Charges/Dates/Punishment): 060203, Wrongfully used cocaine (060106); Reduction to E-4, forfeiture of $911.00 pay per month for two months, suspended (FG).
Court-Martials (Charges/Dates/Punishment): ?????
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Year/Month: 78/02
HOR City, State: Erie, PA
Current ENL Date: 040703 Current ENL Term: 6 Years ?????
Current ENL Service: 01 Yrs, 09 Mos, 11 Days ?????
Total Service: 09 Yrs, 02Mos, 26Days ?????
Previous Discharges: RA 010530-040702/HD
USMC 960906-000905/HD
010530-
Highest Grade: E-5
Performance Ratings Available: Yes No
MOS: 92A Automated Logistical GT: 108 EDU: HS Grad Overseas: SWA Combat: Afghanistan (020827-021111); Jordan (030128-030520); Iraq (040124-040303 and 040526-040909)
Decorations/Awards: ARCOM (3), USNavy Achievement Medal, AGCM, NDSM, GWOTEM, GWOTSM, ASR
V. Post-Discharge Activity
Post Service Accomplishments: None listed.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 14 April 2006, 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 for wrongful use of cocaine on or about 6 January 2006, with an under other that honorable conditions discharge. The Applicant was advised of his rights, consulted with legal counsel, was advised of the impact of the discharge action, and voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions 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 15 August 2006, the separation authority approved the conditional waiver request, waived further rehabilitative efforts and directed that the Applicant be discharged with a characterization of service of general, under honorable conditions.
The record contains a CID Report of Investigation dated 26 June 2006.
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, however, a general under honorable conditions or an honorable discharge may be granted.
c. Response to Issues, Recommendation and Rationale:
After carefully examining the Applicants record of service during the period of enlistment under review and the issue he submitted, the analyst determined that the discharge was both proper and equitable. The Applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the special trust and confidence placed in a non-commissioned officer (NCO). The Applicant, as a NCO, had the duty to support and abide by the Army's drug policies. By abusing illegal drugs, the Applicant knowingly risked a military career and his misconduct diminished the quality of service below that meriting a fully honorable discharge. Therefore, the analyst determined 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: 11 July 2008
Location: Washington, D.C.
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 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.
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: 11 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070009650
______________________________________________________________________
Page 1 of 4 pages
ARMY | DRB | CY2008 | AR20080005983
Applicant Name: ????? On 11 August 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. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | DRB | CY2009 | AR20090018306
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 3 October 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12c, AR 635-200, by reason of misconduct (Commission of a Serious Offense) for use of illegal drugs, with a general, under honorable conditions discharge. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization...
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...
ARMY | DRB | CY2008 | AR20080010756
Being that I didn't have enough evidence to defend myself, I would like to request my discharge be upgraded to honorable and my reason for separation to change also. However, the record indicates that a later date the same commander recommended that the applicant be discharged with a general, under honorable conditions discharge. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade...
ARMY | DRB | CY2009 | AR20090006241
On 7 November 2006, the applicant consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board, contingent upon his receiving a characterization of service of no less favorable than General, under Honorable Conditions. On 14 March 2007, the separation authority approved the recommendation of the administrative separation board and directed that the applicant be discharged with a characterization of service of Under Other Than Honorable...
AF | DRB | CY2006 | AR20060015172
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 18 November 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...
ARMY | DRB | CY2008 | AR20080002303
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 11 August 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductyou tested positive for the use of an illegal drug, marijuana, a controlled substance, during a 100% urinalysis on 15 May 2006, with an under other than honorable conditions discharge. On 25 October 2006, the separation authority approved the...
ARMY | DRB | CY2007 | AR20070004188aC071121
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. 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 May...
ARMY | DRB | CY2006 | AR20060015136
On 28 August 1996, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, and submitted a statement in his own behalf. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant's military records, and the independent evidence he submitted, the analyst recommends to the Board that the applicant's characterization of service be upgraded to...
ARMY | DRB | CY2006 | AR20060010075
Original Character of Discharge Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 060201 Chapter: 14 AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: 546th Military Police Company, 3d Military Police Battalion (Provisional), Fort Stewart, GA 31314 Time Lost: Confined by military authorities for a total of 30 days from (051223-060122), as a result of his Summary Court-Martial (051223). Facts and Circumstances: Evidence of record shows that the unit...