Application Receipt Date: 070906
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached DD Form 293 and supporting documents.
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: 060427
Discharge Received: Date: 060501
Chapter: 14 AR: 635-200
Reason: Misconduct (Drug Abuse)
RE: SPD: JKK
Unit/Location: C Company, 1st Battalion, 13th Armor, Fort Riley, KS 66442-
5000
Time Lost: None
Article 15s (Charges/Dates/Punishment): 060321/Wrongfully use marijuana
between on or about (060102) and on or about (060202)/(Field Grade)
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldier’s Overall Record
DOB: 810326
Current ENL Date: 020213 Current ENL Term: 03 Years (Retained in
service 443 days for the convenience of the government)
Current ENL Service: 04 Yrs, 02Mos, 19Days
Total Service: 04 Yrs, 02Mos, 19Days
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 19K10 (M1 Armor Crewman) GT: 105 EDU: GED Overseas: Southwest
Asia Combat: Iraq/Kuwait (030407-040315) and (050202-060127)
Decorations/Awards: ARCOM, AAM, AGCM, NDSM, GWOTEM, GWOTSM, ASR, OSR (2d
Award), Combat Action Badge, ICM
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 27 April 2006, 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 (abuse of illegal drugs/wrongfully used marijuana on two
occasions), 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 applicant waived consideration of his
case by an administartive separation board. 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. On 1 May 2006, the
separation authority directed that the applicant be discharged with a
characterization of service of general, under honorable conditions.
DD Form 2807-1 (Report of Medical History) dated 14 March 2006, found
in the applicant's Official Military Personnel File, shows in item 8
(Current Medications) Lexapro 20 mg. DD Form 2808 (Report of Medical
Examination) dated 14 March 2006, makes reference to GAD/PTSD in items 44
(Notes), and item 77 (Summary of Defects and Diagnoses).
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, and
the issue he submitted, the analyst noted that the government introduced
into the discharge packet the results of a biochemical test that was part
of the applicant's ASAP treatment plan. This is limited use information as
defined in Chapter 6, AR 600-85. Use of this information mandates award of
a fully honorable characterization of service. In view of the foregoing,
the analyst determined that the characterization of service is improper.
Accordingly, the analyst recommends that the applicant's characterization
of service be upgraded to fully honorable. However, the analyst found 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: 26 October 2007
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 No change -
Character
Change No change -
Reason
(Board member names available upon
request)
IX. Board Discussion, Determination, and Recommendation
Case report reviewed and verified by: Eric S. Moore, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to:
Other:
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: 2 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
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