Applicant Name: ?????
Application Receipt Date: 071010
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See enclosed 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: 070510
Discharge Received: Date: 070530
Chapter: 14-12C AR: 635-200
Reason: Misconduct (Serious Offense)
RE: SPD: JKQ
Unit/Location: HQ, 3rd BCT (Rear), 10th Mtn Div, Fort Drum, NY
Time Lost: None
Article 15s (Charges/Dates/Punishment): 061220, Disobeyed an NCO, assaulted an NCO in the execution of his office and, wrongfully and intentionally inhaled pressurized gases to induce euphoria; Reduction to E-1, forfeiture of $686.00 pay per month for two months, extra duty for 45 days (FG).
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Year/Month: 83/02
HOR City, State: Johnstown, PA
Current ENL Date: 040205 Current ENL Term: 4 Years 16 weeks
Current ENL Service: 03 Yrs, 03 Mos, 26 Days ?????
Total Service: 03 Yrs, 03 Mos, 26 Days ?????
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes No
MOS: 13F Fire Support Specialist GT: NIF EDU: HS Grad Overseas: SWA Combat: Afghanistan (060212-070420)
Decorations/Awards: ARCOM, NDSM, Afghanistan Campaign Medal, GWOTSM, ASR, OSR, NATO Medal, CAB, EIB
V. Post-Discharge Activity
Post Service Accomplishments: None listed by the Applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 10 May 2007, 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 having received a Field Grade Article 15 for disobeying an NCO, assaulting an NCO, wrongfully inhaling canned air to induce euphoria and, disobeying an NCO not to drink alcohol while redeploying from Afghanistan, with a general under honorable conditions discharge. The Applicant was advised of his rights, 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. On 15 May 2007, 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 an upgrade of the Applicant's discharge. The Applicants 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. 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: 22 August 2008
Location: Washington, D.C.
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 1 No change 4 - 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: NA
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE: 22 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070013920
______________________________________________________________________
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