Applicant Name: ?????
Application Receipt Date: 070918
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and the 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: NIF
Discharge Received: Date: 070629
Chapter: 14-12c AR: 635-200
Reason: Misconduct (Drug Abuse)
RE: SPD: JKK
Unit/Location: 96CSAVN Mnt CO, Fort Campbell, KY
Time Lost: None
Article 15s (Charges/Dates/Punishment): NIF
Court-Martials (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Year/Month: 8411
HOR City, State: Dawsonville, GA
Current ENL Date: 040105 Current ENL Term: 06 Years ?????
Current ENL Service: 03 Yrs, 05Mos, 25Days ?????
Total Service: 03 Yrs, 05Mos, 25Days ?????
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes No
MOS: 15J10 OH 58D Arm/El/Av Rep GT: 124 EDU: HS Grad Overseas: Iraq Combat: Iraq (050926-060823)
Decorations/Awards: ARCOM, NDSM, GWOTSM, ICM, 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 on 22 June 2007, Orders 173-0606, DA, HQ, 101st Airborne Division (Air Assault) and Fort Campbell, Kentucky, discharged the applicant from the Regular Army, effective date: 29 June 2007. The record contains a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty). His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c(2) by reason of misconduct (Drug Abuse), with a characterization of service of general, under honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct- drug abuse). The specific facts and circumstances leading to the applicants discharge are not contained in the available records.
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, the issue he submitted and the supporting documentation, the analyst found no mitigating factors that would merit an upgrade of the applicants discharge. The applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the applicants 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. This document identifies the reason and characterization of the discharge and the analyst presumed Government Regularity in the discharge process. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c by reason of misconduct-drug abuse, with a characterization of service of general, under honorable conditions. Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, eligibility for veteran's benefits (to include educational benefits under the Montgomery GI Bill) does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Therefore, the analyst determined 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: 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 AR20070012971
______________________________________________________________________
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