Application Receipt Date: 2006/09/05
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: A change to my discharge from General/Under Honorable conditions to
Honorable is being requested so that my reentry level code on my DD214 can
be changed. Wants to re-enlist..
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: 2006/04/14
Chapter: 14 AR: 635-200
Reason: Misconduct (Drug Abuse)
RE: SPD: JKK
Unit/Location: HHC, 84 CM BN TC, Ft Leonardwood, MO 65473-5000
Time Lost: None
Article 15s (Charges/Dates/Punishment): NIF
Court-Martials (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldier’s Overall Record
DOB: 1984/01/15
Current ENL Date: 2005/07/29 Current ENL Term: 4 Years 3 mos
Current ENL Service: 0 Yrs, 08Mos, 16Days
Total Service: 0 Yrs, 08Mos, 16Days
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 74D GT: EDU: Overseas: Combat:
Decorations/Awards:
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: None
VI. Facts, Circumstances, and Legal Basis for Separation
a. 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. 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. On 28 January 2000, 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,
commission of a serious offense, convictions by civil authorities,
desertion or absence without leave. Action will be taken to separate a
member for misconduct when it is clearly established that rehabilitation is
impracticable or is 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 found no mitigating factors that would
merit an upgrade of the applicant's discharge. The applicant’s 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 applicant’s
service mitigated the misconduct or poor duty performance. 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: 26 Sep 07
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: Ed Yanger, 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:
MARY E. SHAW DATE:
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
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