Search Decisions

Decision Text

ARMY | DRB | CY2007 | AR20070016417
Original file (AR20070016417.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 071114	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: I am requesting an upgrade to restore honor to my family and me. It has been four years since my discharge and no criminal mischief has occured.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 030623
Discharge Received: 			   Date: 030711   Chapter: 14-12C    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: B Co, 2-34 AR, Fort Riley, KC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 020422, wrongful use of marijuana (020121-020219), and wrongful use of cocaine (020206-020219), reduction to E-1, forfeiture of $552 X 2, 45 days extra duty and restriction (FG)


030305, wrongful use of marijuana (021204-030103), wrongful use of amphetamines (030101-030103) and wrongful use of d-methamphetamines (030101-030103), reduction to E-1, forfeiture of $575 X 1, 45 days extra duty and restriction. (FG)



Courts-Martial (Charges/Dates/Punishment): NA

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 010104    Current ENL Term: 6 Years  ?????
Current ENL Service: 	02 Yrs, 06Mos, 08Days ?????
Total Service:  		02 Yrs, 06Mos, 08Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 19K10 Mi Armor Crewman   GT: 109   EDU: HS Grad   Overseas: NA   Combat: NA
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  Newburgh, IN
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 18 June 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct for wrongful use of cocaine (020206-020219), wrongful use of amphetamines and d-methamphetamine (030101-030103) and wrongful use of marijuana X 2 (020121-020219 and 021204-030103), 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  07 July 2003, 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 carefully examining the applicant’s record of service during the period of enlistment under review and the issue he submitted, the analyst determined that the discharge was both proper and equitable.  The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a soldier.  The applicant, as a soldier, had the duty to support and abide by the Army's drug policies.  By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of service below that meriting a fully honorable discharge.  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: 0809180000         Location: Washington DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: None 

Exhibits Submitted: None

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s 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 AR20070016417
______________________________________________________________________________


Page 1 of 3 pages

Similar Decisions

  • ARMY | DRB | CY2008 | AR20080009674

    Original file (AR20080009674.txt) Auto-classification: Denied

    Current ENL Service: 00 Yrs, 06Mos, 12Days ????? Facts and Circumstances: The evidence of record shows that on 21 April 2008, 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 offense for wrongful use of amphetamines and methamphetamines (080111-080211) and wrongful cohabitation (070410-070802), with a general under honorable conditions discharge. On 07 May 2008, the...

  • ARMY | DRB | CY2007 | AR20070015237

    Original file (AR20070015237.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 18 June 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—for wrongful use of amphetamines and d-methamphetamines (020405-020422), with a general under honorable conditions discharge. On 26 June 2002, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a...

  • AF | DRB | CY2006 | AR20060015172

    Original file (AR20060015172.txt) Auto-classification: Denied

    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. On 18 November 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable conditions. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review...

  • ARMY | DRB | CY2008 | AR20080005501

    Original file (AR20080005501.txt) Auto-classification: Denied

    Applicant Name: ????? It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...

  • ARMY | DRB | CY2007 | AR20070013565

    Original file (AR20070013565.txt) Auto-classification: Denied

    Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 13 March 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—for being AWOL, for wrongful use of marijuana x 2, for wrongful use of methamphetamines x 3, for wrongful use of amphetamines x 2, and for wrongful use of cocaine, with an under other than honorable conditions discharge. The applicant consulted...

  • ARMY | DRB | CY2006 | AR20060011546

    Original file (AR20060011546.txt) Auto-classification: Denied

    The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions 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. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review...

  • ARMY | DRB | CY2009 | AR20090001944

    Original file (AR20090001944.txt) Auto-classification: Denied

    Applicant Name: ????? On 26 October 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...

  • ARMY | DRB | CY2008 | AR20080014120

    Original file (AR20080014120.txt) Auto-classification: Denied

    Applicant Name: ????? On 2 June 2008, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...

  • ARMY | DRB | CY2006 | AR20060005708

    Original file (AR20060005708.txt) Auto-classification: Denied

    The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 18 April 2003, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review...

  • ARMY | DRB | CY2007 | AR20070009651

    Original file (AR20070009651.txt) Auto-classification: Denied

    Applicant Name: ????? The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable conditions discharge. On 2 April 1999, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable conditions.