Applicant Name: ?????
Application Receipt Date: 2007/11/19 Prior Review: Prior Review Date: NA
I. Applicant 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?
Tender Offer: NA
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: 020820
Discharge Received: Date: 021114 Chapter: 14-12c AR: 635-200
Reason: Misconduct RE: SPD: JKQ Unit/Location: A Company, 304th MI Battalion, Ft Huachuca, AZ
Time Lost: AWOL (011119-011215) 27 days (not annotated on the DD214 in Item 29). On the DD Form 214, line 12c (NET Active Service) should read 1 year, 6 months, 19 days.
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): 020605 SCM: AWOL (011119-011215), missing formation (020420), use of marijuana (date NIF); reduction to the grade of E1; forfeiture of $737 pay for one month; and confinement for 30 days (020605-020705).
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 010329 Current ENL Term: 02 Years ?????
Current ENL Service: 01 Yrs, 06Mos, 19Days ?????
Total Service: 01 Yrs, 06Mos, 19Days ?????
Previous Discharges: None
Highest Grade: E2 Performance Ratings Available: Yes No
MOS: 92Y10 Unit Supply Specialist GT: 116 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
City, State:
Post Service Accomplishments: None listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 20 August 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductfor commission of a serious offense. The reasons for proposed action were the applicant was tried by Summary Court-Martial and found guilty of using marijuana on 020605, with an under other than honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action requested consideration by an Admin Separation Board, 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 an other than honorable conditions discharge. On 24 October 2002, the separation authority consistent with the applicant's unconditional waiver to an Admin Separation Board (NIF), waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of other than honorable conditions.
The applicant was barred from the installation on 24 October 2002 for 5 years.
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 applicants 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. Furthermore, the analyst found no evidence of arbitrary or capricious actions by the command. 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. 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: 3 October 2008 Location: Washington, D.C.
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
Colonel, U.S. Army
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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070016597
______________________________________________________________________________
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