Applicant Name: ?????
Application Receipt Date: 070917
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: 060502
Discharge Received: Date: 060525
Chapter: 14 AR: 635-200
Reason: Misconduct (AWOL)
RE: SPD: JKD
Unit/Location: D Company, 94th Brigade Support Battalion, 4th Brigade, 10th Mountain Division, Fort Polk, Louisiana
Time Lost: AWOL x 2 for 133 days (051006-051103 and 051104-060215),
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): 060320, Summary Court Martial, absent wtihout leave x 2 (051006-051103 and 051104-060215), apprehended, reduction to E-1, forfeiture of 2/3 of one months pay.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Year/Month: 1986/04
HOR City, State: Taylorville, Illinois
Current ENL Date: 040615 Current ENL Term: 4 Years 22 weeks with an enlistment waiver (070912)
Current ENL Service: 01 Yrs, 07Mos, 01Days ?????
Total Service: 01 Yrs, 07Mos, 01Days ?????
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes No
MOS: 92F10/Petroleum Supply Sp GT: 117 EDU: HS Ltr Overseas: None Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR
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 2 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 AWOL x 2 (051006-051103 and 051104-060215), 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 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 issue he submitted, the analyst found no mitigating factors that would merit a change to the applicant's reason for discharge. The applicants reason for 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. The analyst noted the applicant's issue, however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 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: 1 August 2008
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: None
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: 1 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070012951
______________________________________________________________________
Page 1 of 4 pages
ARMY | DRB | CY2008 | AR20080005834
Applicant Name: ????? The applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, and did not submit a statement in his own behalf. 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.
ARMY | DRB | CY2006 | AR20060013033
Were Proper Discharge and Separation Authority procedures followed? The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. 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.
ARMY | DRB | CY2006 | AR20060014823
Facts and Circumstances: Evidence of record shows that on 9 July 1997, 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 abuse of illegal drugs (tested positive for methamphetamines and amphetamines between the period of 19 December 1996 and 2 January 1997), with a general, under honorable conditions discharge. c. Response to Issues, Recommendation and...
ARMY | DRB | CY2009 | AR20090013131
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. 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 based on the applicants length...
ARMY | DRB | CY2009 | AR20090004787
The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c(2) by reason of misconduct, with a characterization of service of general, under honorable conditions. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct", and the separation code is "JKK." Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to:...
ARMY | DRB | CY2007 | AR20070015600
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 15 July 2007, 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 for failure to report numerous times, disobeyed NCOs numerous times, communicated a threat, dereliction of duty, conspired to commit larceny and committed larceny, with a general, under honorable conditions discharge. On 24...
ARMY | DRB | CY2008 | AR20080008411
Applicant Name: ????? On 9 December 2002, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived his right to an administrative separation board contingent upon receiving a characterization of service no less favorable than general, under honorable conditions, and did not submit a statement in his own behalf. On 14 January 2002, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a...
ARMY | DRB | CY2007 | AR20070009971
Applicant Name: ????? Facts and Circumstances: Evidence of record shows that on 16 February 2006, 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 convicted in a Summary Court-Martial (060215) for wrongful use of cocaine, and receiving a Field Grade Article 15 (051215) for wrongful use of methamhetamines and ecstacy, with a general, under honorable...
ARMY | DRB | CY2006 | AR20060011546
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. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review...
ARMY | DRB | CY2008 | AR20080003727
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 22 February 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductfor Patterns of Misconduct, failure to report to appointed place of duty on divers occasions, sleeping on duty, failure to obey orders and lawful regulations, driving under the influence, and use of controlled substances, with a general under...