Applicant Name: ?????
Application Receipt Date: 070829
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: I served my enlistment term of 3 years and an additional five months. I was deployed to Iraq in disregard of my reenlistment contract. I was separated against my will. I have already been punished for my actions by court-martial.
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: NIF
Discharge Received: Date: 070628
Chapter: 14 AR: 635-200
Reason: Misconduct, (Serious Offense)
RE: SPD: JKQ
Unit/Location: HHC, 1st EN Bn, (Rear Det), Fort Riley, KS 66442
Time Lost: Confinement/Military Authority for 28 days (070306-070404)
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): 070603, SCM, dereliction of duty x 2 (061023) and (061023). Reduction to E-2, forfeiture of $1,039 x 1, and confinement for 30 days.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Year/Month: 8508
HOR City, State: Pasadena, CA
Current ENL Date: 040113 Current ENL Term: 3 Years The applicant extended for 30 months on 060502.
Current ENL Service: 03 Yrs, 04 Mos, 17 Days ?????
Total Service: 03 Yrs, 04 Mos, 17 Days ?????
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes No
MOS: 21B10 Combat Engineer GT: 125 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq (060901-070401)
Decorations/Awards: NDSM, ICM, GWOTSM, ASR, OSR
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 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 for being found guilty in summary court-martial of failing to stay in the proper uniform and sleeping at his post prior to being regularly relieved 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. 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, 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 during the period of enlistment under review, the issues and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicants discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By his misconduct, the applicant 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 applicants service mitigated the misconduct or poor duty performance. Therefore, 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: 20 August 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: None
Other: NA
RE Code:
Grade Restoration: No Yes Grade: None
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE: 26 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070012112
______________________________________________________________________
Page 1 of 5 pages
ARMY | DRB | CY2007 | AR20070010443
Applicant Name: ????? The Board determined that the overall length and quality of the applicants service; to include his combat service, mitigated the discrediting entries in his service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.
ARMY | DRB | CY2010 | AR20100019650
Applicant Name: ????? However, in review of the applicant's entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: Misconduct (Minor Infractions) Other: Change SPD Code to JKN and Authority for Separation to AR 635-200, PARA 14-12a RE Code: Grade Restoration: No Yes...
AF | DRB | CY2007 | AR20070013025
Facts and Circumstances: The evidence of record shows that on 10 December 1999, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductpattern of misconduct, 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. On 28 January 2000, the separation...
ARMY | DRB | CY2007 | AR20070013025aC071121
Facts and Circumstances: The evidence of record shows that on 10 December 1999, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—pattern of misconduct, 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. On 28 January 2000, the...
ARMY | DRB | CY2009 | AR20090007566.
Applicant Name: ????? On 7 September 2007, 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: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | DRB | CY2007 | AR20070012367
Were Proper Discharge and Separation Authority procedures followed? The applicant 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 and did not submit a statement in his own behalf. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a under other than honorable conditions discharge.
ARMY | DRB | CY2006 | AR20060012965
Facts and Circumstances: Evidence of record shows that on 2 August 1999, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconductwrongful use of marijuana, which resulted in company grade Article 15, with a general discharge. On 21 September 1999, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of...
ARMY | DRB | CY2009 | AR20090006426
The applicant waived legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board, and did not submit a statement in his own behalf. On 27 October 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 discharge. The analyst noted that the applicant was discharged by...
ARMY | DRB | CY2006 | AR20060015138
However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. Her DD Form 214 indicates that she was released from the Regular Army under the provisions of AR 635-200, Chapter 4, by reason of completion of required active service, with service uncharacterized. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge...
ARMY | BCMR | CY2007 | 20070009643
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 31 May 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 displaying a pattern of misconduct consisting of serious disciplinary infractions, for having received Article 15s for positive urinalysis (040624) and failure to report (051206), with a general under honorable conditions discharge. On 9 June...