Applicant Name: ?????
Application Receipt Date: 070905
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: At the time I was discharged I was advised by the Army appointed legal council not to challege the decision or I would face time in the brig. I went along with the legal advice knowing I was innocent in the matter at hand. I took the GD because that is what I was advised to do. I am currently applying for positions with Blackwater and have attempted to re-enlist with the Army National Guard.?????
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: 931115
Discharge Received: Date: 931215
Chapter: 14-12c AR: 635-200
Reason: Misconduct
RE: SPD: JKK
Unit/Location: B Co, 4-325, Fort Bragg, NC
Time Lost: None
Article 15s (Charges/Dates/Punishment): 930318, without authority, absent yourself from your unit (930201-930208), reduction to E-4 (FG)
931013, wrongful use of cocaine (930824-930908), reduction to E-1, $407 X 2 (susp), 45 days restriction and extra duty (FG)
Court-Martials (Charges/Dates/Punishment): NA
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Year/Month: 6510
HOR City, State: La Mirada, CA
Current ENL Date: 891231 Current ENL Term: 4 Years Extended 2 years and 1 month
Current ENL Service: 04 Yrs, 08Mos, 17Days ?????
Total Service: 07 Yrs, 09Mos, 23Days ?????
Previous Discharges: RA 860225-890830 /HD
Highest Grade: E-5
Performance Ratings Available: Yes No
MOS: 11BIV Infantryman GT: 112 EDU: HS Grad Overseas: Italy, SWA Combat: Iraq (910427-910720)
Decorations/Awards: ASR, NDSM, ARGCM-2, NCODP, ARCOM-1, AAM-1, OSR, SWAM w/BSS-3
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 on 15 November 1993, 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 wrongful use of cocaine (930824-930908), 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, waived his right to 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 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, and the independent evidence he submitted, the analyst recommends to the Board that the applicants characterization of service be upgraded to fully honorable. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. The evidence in this case supports a conclusion that the applicants characterization of service is now too harsh, and as a result it is inequitable. While the applicant's misconduct is not condoned, the overall length and quality of the applicant's service, the time that has elapsed since his discharge mitigates the discrediting entries in his service record. Accordingly, the analyst recommends 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: 080717
Location: Washington DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: None
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: 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: 080719
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070012300
______________________________________________________________________
Page 1 of 4 pages
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