Applicant Name:
Application Receipt Date: 071031 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 sumbitted by the Applicant
II. Were Proper Discharge and Separation Authority procedures followed?
Tender Offer: No
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: NIF (GD per Legal Review document 921020)
Discharge Received: Date: 921028 Chapter: 14 AR: 635-200
Reason: Misconduct-Pattern of Misconduct RE: SPD: JKM Unit/Location: 557th Medical Company, APO AE
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: 890124 Current ENL Term: 4 Years ?????
Current ENL Service: 03 Yrs, 09Mos, 05Days ?????
Total Service: 03 Yrs, 09Mos, 05Days ?????
Previous Discharges: None
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 91B10/Medical Specialist GT: 101 EDU: HS Overseas: Germany Combat: None
Decorations/Awards: ?????
V. Post-Discharge Activity
City, State: Los Angles, CA
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 28 October 1992, Orders 095-0164, DA, HQ, US Army Training Center and Fort Dix, Fort Dix, New Jersey discharged the applicant from the Regular Army, effective date: 28 Oct 1992. 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 12b by reason of misconduct- pattern of misconduct, with a characterization of service of under other than honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JKM (i.e., misconduct- other). The specific facts and circumstances leading to the applicants discharge are not contained in the available records; however the record does contain a Memorandum of Notification Legal Sufficiency Review, dated 20 October 1992 which states the Commander, 557th Medical Company initiated administrative dishcage action on the applicant for a pattern of misconduct, specifically numerous failures to report, disrespect and wrongful use of marijuana and recommended the applicant be separated with a general discharge. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than 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 the applicants available military records, and the independent evidence he submitted, the analyst recommends to the Board that the applicants characterization of service be upgraded to general, under honorable conditions. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. The evidence in this case supports a conclusion that the applicants characterization of service was too harsh, and as a result it is inequitable. While the applicant's misconduct is not condoned, the overall length and quality of the applicant's service mitigated the discrediting entries in his service record. Accordingly, the analyst recommends that the applicants characterization of service be upgraded to general, under honorable conditions. This entails a restoration to grade E-4. However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 18 September 2008 Location: Washington DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: None
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service and considering the analysts recommendation and rationale, the Board determined that the characterization of service was too harsh. The Board found that the overall length of the applicants service mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to General, Under Honorable Conditions. This entails a restoration to grade E-4. Further, the Board found that the narrative reason for discharge was proper and equitable.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 5 No change 0
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: E-4
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070015235
______________________________________________________________________________
Page 1 of 3 pages
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