Applicant Name: ?????
Application Receipt Date: 070717
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: The applicant states in effect, that he wants a change of life, justified by gaining a college education.
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: 959124
Discharge Received: Date: 950222
Chapter: 14 AR: 635-200
Reason: Misconduct
RE: SPD: JKK
Unit/Location: Company B, 741st Military Intelligence Battalion, Fort George G. Meade, MD 20755-5941.
Time Lost: None
Article 15s (Charges/Dates/Punishment): 950105, Wrongfully used marijuana on or between (1 through 30 November 1994), reduction to Private (E-2), extra duty and restrictions for 45 days and a verbal reprimand (FG).
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Year/Month: 7504
HOR City, State: Akron, OH 44320
Current ENL Date: 931118 Current ENL Term: 3 Years With a Medical Waiver approved on (930820).
Current ENL Service: 1 Yrs, 3 Mos, 5 Days ?????
Total Service: 1 Yrs, 3 Mos, 5 Days ?????
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes No
MOS: 98K10 Non-Morse Interceptor/Analyst GT: 102 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
Post Service Accomplishments: See enclosed DD Form 293 and attached documents submitted by the applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 13 January 1995, 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, 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 7 February 1995, 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, documents and the issue he submitted, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to fully honorable. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service is too harsh, and as a result it is now inequitable. The analyst found that the length of the applicant's service and the time that has elapsed since his discharge mitigated the discrediting entry in his service record. Accordingly, the analyst recommends to the Board that the applicants characterization of service be upgraded to fully honorable. However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 16 July 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 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: 25 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070009936
______________________________________________________________________
Page 1 of 4 pages
AF | DRB | CY2006 | AR20060016214
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 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 characterization of service was too harsh based on the overall...
ARMY | DRB | CY2006 | AR20060008183
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a honorable 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 characterization of service was too harsh, and as a result it is inequitable. Certification Signature...
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 | CY2007 | AR20070013016
Facts and Circumstances: The evidence of record shows that on 14 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 misconduct for the wrongful use of cocaine (050411-050418), with a general under honorable conditions discharge. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf. Accordingly, the analyst...
AF | DRB | CY2006 | AR20060016788
While the applicant's misconduct is not condoned, the analyst determined that the circumstances surrounding the applicant's discharge as established by his two immediate commanders' recommendations for retention mitigated the discrediting entries in his service record. 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...
ARMY | DRB | CY2007 | AR20070011289
Facts and Circumstances: The evidence of record shows that on 12 December 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- drug abusefor distributing oxycodone (060701-060831), with a general under honorable conditions discharge. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable conditions...
ARMY | DRB | CY2006 | AR20060011715
The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, and did not submit a statement in his own behalf. 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 characterization of service was...
ARMY | DRB | CY2007 | AR20070018916
The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, and did not submit a statement in his own behalf. 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...
ARMY | DRB | CY2007 | AR20070012995
Applicant Name: ????? On 26 March 2004, the applicant consulted with legal counsel and requested consideration of his case by an administrative separation board. The separation authority approved the recommendation of the administrative separation board and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
ARMY | DRB | CY2008 | AR20080006295
The applicant waived legal counsel, was advised of the impact of the discharge action, waived consideration of her case by an administrative separation board, and did not submit a statement in her own behalf. While the applicant's misconduct is not condoned, the analyst found that the length and quality of the applicant's service, to include her combat service and the recommendation of the unit and intermediate commanders for approval with a honorable discharge, mitigated the discrediting...