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Decision Text

ARMY | DRB | CY2007 | AR20070013032aC071121

Application Receipt Date: 2006/09/05

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change

Issues: See DD Form 293 or summarize the applicant's issues

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: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)
RE:     SPD: JKK
Unit/Location: HHC, 84th Chem Bn, Fort Leonard Wood MO

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:  84/01/15
Current ENL Date: 05/07/29    Current ENL Term: 4 Years       
Current ENL Service: 00 Yrs, 8Mos, 16Days      
Total Service:     Yrs, 08Mos, 16Days      
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes    No
MOS: 74D10   GT: 100   EDU: High School   Overseas: Korea   Combat: None
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 independent evidence she submitted, the analyst determined that the
applicant’s available record of service during the period of enlistment
under review is void of the specific facts and circumstances concerning the
events that led to his discharge from the Army.  However, the applicant’s
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.  That DD Form 214 indicates that the
applicant was discharged under the provisions of Chapter 14, AR 635-200,
paragraph 12c by reason of misconduct-commission of a serious offense, 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.  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: N/A

Witnesses/Observers: N/A

Exhibits Submitted: N/A



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: Christine Martinson, 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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