Applicant Name:
Application Receipt Date: 070724
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and 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: 060814
Discharge Received: Date: 061116
Chapter: 14-12C AR: 635-200
Reason: Misconduct
RE: SPD: JKK
Unit/Location: D Co. 3/82nd CAB, Fort Bragg, NC
Time Lost: None
Article 15s (Charges/Dates/Punishment): 060710, wrongfuly used cocaine, forfeiture of $640.00 per month for two months, 45 days extra duty and restriction (FG).
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Year/Month: 8308
HOR City, State: Hanover, NH
Current ENL Date: 040122 Current ENL Term: 6 Years ?????
Current ENL Service: 02 Yrs, 09Mos, 25Days ?????
Total Service: 02 Yrs, 09Mos, 25Days ?????
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes No
MOS: 15G Aircraft Structural Repairer. GT: 107 EDU: HS Grad Overseas: None Combat: Irag (050131-051120)
Decorations/Awards: GWOTSM, ICM
V. Post-Discharge Activity
Post Service Accomplishments: Applicant states that he completed ASAP, and is currently in school at Fayetteville Technical Community College for CNA pursuing a RN degree.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 14 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 misconductfor wrongfully use of cocaine (060621-060628), with an under other than honorable conditions discharge. The applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board, 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 commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. The applicant subsequently waived his right to an Administrative Saparation Board. On 14 September 2004, 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. The record contains a CID report dated 10 July 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 a careful review of all the applicants available military records for the period of enlistment under review, and the issue and documents he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's discharge to general, under honorable conditions. The analyst does not condone the applicants misconduct; however, determined that the characterization of service is too harsh. The applicant's misconduct was mitigated by service of sufficient length and merit to include his combat service in Iraq to warrant a partial upgrade of the discharge being reviewed. Accordingly, the analyst recommends to the Board that the applicants characterization of service be partially upgraded to general under honorable conditions. The reason for discharge was both proper and equitable.
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 4 No change 1 - 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 characterization of service was too harsh,
and as a result it is inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined that the reason for discharge was proper and equitable and voted not to change it.
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 AR20070010404 (Corrected Copy)
______________________________________________________________________
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