Applicant Name: ?????
Application Receipt Date: 070718
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 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: 030214
Discharge Received: Date: 030312
Chapter: 14-12C AR: 635-200
Reason: Misconduct
RE: SPD: JKK
Unit/Location: Co. C, 82nd Chemical BN, 3rd Chimical Brigade, Fort Leonard Wood, MO
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Year/Month: 8301
HOR City, State: Katy, TX
Current ENL Date: 021105 Current ENL Term: 04 Years ?????
Current ENL Service: 00 Yrs, 04Mos, 05Days ?????
Total Service: 00 Yrs, 04Mos, 05Days ?????
Previous Discharges: None
Highest Grade: E1
Performance Ratings Available: Yes No
MOS: None GT: 97 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
Post Service Accomplishments: Not Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 14 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 abuse of illegal drugs, and AWOL (030104-030107), with an uncharacterized discharge. 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. 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 an uncharacterized discharge. On 10 March 2003, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of uncharacterized.
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 a careful review of all the applicants military records, and the issue he submitted, the analyst noted from the evidence of record that the applicant received an uncharacterized separation while in an entry-level status (ELS). The separation authority approved the applicant's discharge as entry-level status, with the description of service as uncharacterized. Army Regulation 635-200 provides in pertinent part, that a soldier is in entry-level status for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the soldier a probationary period. Soldiers who are found to lack the necessary motivation, adaptability, self-discipline, ability, or attitude to become productive soldiers may be expeditiously separated while in entry-level status. Army Regulation 635-200 also provides, except in cases of serious misconduct, that a soldiers service will be uncharacterized when his separation is initiated while the soldier is in entry level status. A general discharge is not authorized under ELS conditions. A fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The analyst determined that no such unusual circumstances were present in the applicants record and his service did not warrant an honorable discharge. Further, the analyst noted the applicant's issue, however, the Board does not grant relief solely for the purpose of gaining employment or benefits. 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: 18 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: ?????
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE: 23 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070010081
______________________________________________________________________
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