Applicant Name:
Application Receipt Date: 2007/11/26 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The Applicant states that his chain of command did not allow him to contest the discharge he was going to get. Other soldiers were given lighter punishment for similar offenses. He was having family problems and didn't handle the situation correctly. Now he has a special needs son and states that has learned the meaning of responsibility. He has matured a lot and feels that he shouldn't carry the weight of his mistake for the rest of his life.
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: 050804
Discharge Received: Date: 050708 Chapter: 14 AR: 635-200
Reason: Misconduct RE: SPD: JKK Unit/Location: 978th MP Co, Fort Bliss, TX
Time Lost: 25 days, military confinement (050428-050522)
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): 050428, SCM, wrongful use of cocaine x 3 (050209-050211,050305-050307, 050402-050404), reduction to E-1, forfeiture of $823, confinement for 30 days.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 18
Current ENL Date: 020814 Current ENL Term: 4 Years ?????
Current ENL Service: 02 Yrs, 10Mos, 00Days ?????
Total Service: 02 Yrs, 10Mos, 00Days ?????
Previous Discharges: None
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 25U/Signal Spt Sys Spc GT: 99 EDU: GED Overseas: Korea Combat: None
Decorations/Awards: AAM, NDSM, GWOTSM, KDSM, ASR
V. Post-Discharge Activity
City, State: San Antonio, TX
Post Service Accomplishments: None listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 4 August 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductfor wrongful use of cocaine on several occasions, with a under other than honorable conditions discharge. He was advised of his rights. The applicant waived his right to legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative 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 a under other than honorable conditions discharge. On 30 June 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.
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: 17 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: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070017587
______________________________________________________________________________
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