Applicant Name: ?????
Application Receipt Date: 071102 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: I served my country honorably while in country and stateside. I was even awarded medals for my service. I made a mistake and now have to live with it the rest of my life. I just want to be able to access my GI Bill so I can further my education. That's all I ask.
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: 070308
Discharge Received: Date: 070329 Chapter: 14 AR: 635-200
Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: A Btry, 4-42nd FA Bn, Fort Hood, TX
Time Lost: None
Article 15s (Charges/Dates/Punishment): 070131, wrongfully used cocaine on or about (061208), reduction to E-1, forfeiture of $636 x 2, extra duty for 45 days and restriction for 45 days (FG).
050317, wrongfully used cocaine between (050128-050201), reduction to E-1, forfeiture of $617 x 2, extra duty for 45 days and restriction for 45 days (FG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 22
Current ENL Date: 040323 Current ENL Term: 4 Years ?????
Current ENL Service: 03 Yrs, 00Mos, 07Days ?????
Total Service: 03 Yrs, 00Mos, 07Days ?????
Previous Discharges: None
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 13D10 Field Artillery Automation GT: 103 EDU: 12 Years Overseas: Southwest Asia Combat: Iraq (051209-061129)
Decorations/Awards: ARCOM, NDSM, ICM, GWOTSM, ASR, OSR
V. Post-Discharge Activity
City, State: Enterprise. AL
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 7 March 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-commission of a serious for wrongful use of cocaine on two separate occasions, 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 15 March 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, 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 applicants military records during the period of enlistment under review and the issues he submitted, the characterization of service is improper. The analyst noted that the Government introduced into the discharge packet the results of a command directed competence for duty (i.e., fitness for duty) biochemical test. This is limited use information as defined in Chapter 6, AR 600-85. Use of this information mandates award of a fully honorable characterization of service. Accordingly, the analyst recommends that the applicants characterization of service be upgraded to fully honorable. 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: 24 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 characterization of service is improper. Accordingly, the Board voted to change the characterization of service to fully honorable. However, the board determined that the reason for discharge was fully supported by the record and voted not to change it.
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: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070015606
______________________________________________________________________________
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