Applicant Name: ?????
Application Receipt Date: 071019 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: I am not a perfect person. I need to try to fix my situation so I can be a productive member of society.
II. Were Proper Discharge and Separation Authority procedures followed?
Tender Offer: NA
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: NIF
Discharge Received: Date: 070130 Chapter: 14 AR: 635-200
Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: 360th Med Trk Co, Fort Carson, CO 80913
Time Lost: None
Article 15s (Charges/Dates/Punishment): NIF
Courts-Martial (Charges/Dates/Punishment): NIF
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 031117 Current ENL Term: 2 Years The applicant's Enlisted Record Brief (ERB) shows his ETS as 091116.
Current ENL Service: 03 Yrs, 02 Mos, 14 Days ?????
Total Service: 05 Yrs, 08 Mos, 06 Days ?????
Previous Discharges: RA-010525-031116/HD
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 63B10 Wheeled Vehicle Mechanic GT: NIF EDU: GED Cert Overseas: Korea/Southwest Asia Combat: Iraq (030401-040331)
Decorations/Awards: ARCOM-2, AAM-2, AGCM, NDSM, GWOTEM, GWOTSM, KDSM, ASR, OSR-2
V. Post-Discharge Activity
City, State: Arlington, TX
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The specific facts and circumstances leading to the applicants discharge from the Army are not contained in the available records. However, the record does contain a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants signature. 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 evidence of record shows that on 29 January 2007, DA, Installation Management Agency, HQ, U.S. Army Garrison, Fort Carson, CO, 029-0016, discharged the applicant from the Regular Army, effective date: 30 January 2007.
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 during the period of enlistment under review, the issues and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The analyst record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the 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 service 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 (2) 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. Furthermore, 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. In view of the foregoing, 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: 12 September 2008 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. 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.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 0 No change 5
Reason - Change 0 No change 5
(Board member names available upon request)
EDGAR J. YANGER
Issue a new DD Form 214 Colonel, U.S. Army
Change Characterization to: President, Army Discharge Review Board
Change Reason to:
Other: NA
RE Code:
Grade Restoration: No Yes Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070014577
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2009 | AR20090019552
Applicant Name: ????? However, the analyst considered the applicants available military records (i.e., DD Form 214, which shows the separation authority; reason and characterization; separation code and the reentry eligibility code ) during the initial portion of the enlistment under review, and based on the afforementioned document the analyst determined that this service was not sufficiently meritorious to warrant an upgrade to the characterization of discharge. Additionally,...
ARMY | DRB | CY2012 | AR20120003746
Applicant Name: ????? Discharge Under Review Unit CDR Recommended Discharge: NIF Date: NIF Discharge Received: Date: 971009 Chapter: 14-12c(2) AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: HHD, 68th Corps Spt Bn, Fort Carson, CO Time Lost: None Article 15s (Charges/Dates/Punishment): NIF Courts-Martial (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. The analyst acknowledges the independent document (list of active medications) prescribed to the...
ARMY | DRB | CY2008 | AR20080017886
Applicant Request: Upgrade Reason Change RE Code Change Issues: See enclosed DD Form 293 and documents submitted by the Applicant. 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 DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c by reason of...
ARMY | DRB | CY2008 | AR20080011050
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. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants available military records, the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicants...
ARMY | DRB | CY2009 | AR20090007220
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 (drug abuse), with a characterization of service of under other than honorable conditions. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct-drug abuse, with a characterization of service of under other than honorable conditions. Board Action...
ARMY | DRB | CY2007 | AR20070012971
Applicant Name: ????? 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. 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.
ARMY | DRB | CY2009 | AR20090007157
The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, Paragraph 14-12c(2), AR 635-200, by reason of misconduct-drug abuse, with a characterization of service of general, under honorable conditions. Additionally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 27, reentry eligibility (RE) code of "3." Board Action Directed President, Army Discharge Review Board Issue a new DD Form...
ARMY | DRB | CY2008 | AR20080000274
Applicant Name: ????? The Board recommended separation with a general 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.
ARMY | DRB | CY2009 | AR20090002434
Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 149 in lieu of DD Form 293 submitted by the applicant. 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, drug abuse with a characterization of service of under other than honorable conditions. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c(2)...
ARMY | DRB | CY2007 | AR20070008579
Facts, Circumstances, and Legal Basis for Separation a. His DD Form 214 indicates that he was discharged under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct (drug abuse), with a characterization of service of uncharacterized. Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct- drug abuse).