Search Decisions

Decision Text

ARMY | DRB | CY2007 | AR20070009958
Original file (AR20070009958.txt) Auto-classification: Denied
Applicant Name: ?????

Application Receipt Date: 070719	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents submitted by the applicant.

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: 060821
Discharge Received:     Date: 060927   
Chapter: 14    AR: 635-200
Reason: Misconduct (Drug Abuse)
RE:     SPD: JKK
Unit/Location: 814th Eng Co, 46rh Eng Bn Ed, Fort Polk, LA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060627, Wrongful use of marijuana between (060430 and 060530), reduction to E-2, forfeiture of $500.00 pay per month for two months (suspended), and 45 days extra duty, (FG).

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  1979/  
HOR City, State: East Boston, MA
Current ENL Date: 050819    Current ENL Term: 04 Years  ?????
Current ENL Service: 01 Yrs, 01Mos, 09Days ?????
Total Service:  04 Yrs, 02Mos, 25Days ?????
Previous Discharges: RA-020703-050818/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 21C10/Bridge Crewmember   GT: 107   EDU: HS Grad   Overseas: Korea, Southwest Asia   Combat: Iraq (041229-060101)
Decorations/Awards: ARCOM, AAM, AGCM-2, GWOTSM, KDSM, ICM, ASR, OSR

V.  Post-Discharge Activity
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 18 February 2003, 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 wrongfully using marijuana between on of about (060415 and 060515), with a recommendation that the applicant be retained in the United States Army.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf which was not found in the available records.  The unit commander subsequently recommended that the applicant be retained in the United States Army.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  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 during the period of enlistment under review, documents, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a Soldier.  The applicant, as a Soldier, 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 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.  In view 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: 11 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 2    No change 3   - Character
		 			      Change 2    No change 3   - 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, 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: 16 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070009958
______________________________________________________________________


Page 1 of 5 pages

Similar Decisions

  • ARMY | DRB | CY2008 | AR20080003432

    Original file (AR20080003432.txt) Auto-classification: Denied

    His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, Paragraph 14-12c, AR 635-200, by reason of misconduct (drug abuse), with a characterization of service of under other than honorable conditions. The Board does not condone the applicant’s misconduct; however, determined that the overall length and quality of the applicant’s service to include his combat service, and the circumstances surrounding the discharge, mitigated the discrediting entry in his service...

  • ARMY | DRB | CY2007 | AR20070009952

    Original file (AR20070009952.txt) Auto-classification: Denied

    Applicant Name: ????? 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.

  • ARMY | DRB | CY2008 | AR20080014145

    Original file (AR20080014145.txt) Auto-classification: Denied

    Applicant Name: ????? On 13 September 2007, the Applicant consulted with legal counsel and requested consideration of her 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 | CY2007 | AR20070013935

    Original file (AR20070013935.txt) Auto-classification: Denied

    On 7 September 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions discharge. 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...

  • ARMY | DRB | CY2008 | AR20080011236

    Original file (AR20080011236.txt) Auto-classification: Denied

    Applicant Name: ????? On 13 December 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 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...

  • ARMY | DRB | CY2007 | AR20070009651

    Original file (AR20070009651.txt) Auto-classification: Denied

    Applicant Name: ????? The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable conditions discharge. On 2 April 1999, 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 | CY2008 | AR20080011956

    Original file (AR20080011956.txt) Auto-classification: Denied

    Applicant Name: ????? On 12 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. 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 Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...

  • ARMY | DRB | CY2007 | AR20070011073

    Original file (AR20070011073.txt) Auto-classification: Denied

    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 did not submit a statement in his own behalf. On date not on memorandum, 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 Board Vote: Approval Authority: Character -...

  • ARMY | DRB | CY2009 | AR20090000363

    Original file (AR20090000363.txt) Auto-classification: Denied

    On 3 November 2008, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable conditions. The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change...

  • ARMY | DRB | CY2009 | AR20090014665

    Original file (AR20090014665.txt) Auto-classification: Denied

    Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states in effect that his discharge is based on one isolated incident in 33 months of service and that is was an act of reprisal for submitting an EO complaint. Facts and Circumstances: The evidence of record shows that on 28 August 2007 , the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct abuse of...