Search Decisions

Decision Text

ARMY | DRB | CY2008 | AR20080000153
Original file (AR20080000153.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 080102	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: 060620
Discharge Received: 			   Date: 060723   Chapter: 14       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: 26th QM Supply Company, APO, AE  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060425, failure to obey a lawful order issued by a SSG (060327) and failure to obey the same by willfully contaminating your urine sample, reduction  to E-3, forfeiture of $394.00, 14 days extra duty and 14 days restriction. (CG)

060509, wrongfully use Ecstasy, a controlled substance on or about (060322-060325), reduction to E-1, forfeiture of $640.00, 45 days extra duty, 45 days restriction. (FG)

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 020724    Current ENL Term: 4 Years  ?????
Current ENL Service: 	04 Yrs, 00Mos, 00Days ?????
Total Service:  		04 Yrs, 00Mos, 00Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 88M10/Motor Transport   GT: 100   EDU: HS Grad   Overseas: Germany, Southwest Asia   Combat: Afghanistan (050119-060117) and Iraq (030308-040306)
Decorations/Awards: AGCM,NDSM,ASR,OSR x2, ACM, ICM, GWTSM, CAB 

V.  Post-Discharge Activity
City, State:  Troy Missouri
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 June 2006, 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 commission of a serious offense, drug abuse, 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,he requested consideration of administrative separation board if he receives an other than honorable discharge, and submitted 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 19 July 2006, 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 a careful review of all the applicant’s military records, and the issue he submitted, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to fully honorable.  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 applicant’s characterization of service was too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the analyst found that the overall length and quality of the applicant's service and his two tours of combat service in Iraq and Afghanistan mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends that the applicant’s 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 October 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 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 2    No change 3
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: ?????
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080000153
______________________________________________________________________________


Page 1 of 3 pages

Similar Decisions

  • ARMY | DRB | CY2008 | AR20080013745

    Original file (AR20080013745.txt) Auto-classification: Denied

    The applicant enlisted in the Army National Guard State of Minnesota for six years (050714), was ordered to active duty and served in Iraq and received numerous awards and decorations. The applicant consulted with legal counsel, was advised of the impact of the discharge action, submitted a statement in his own behalf and understood that he was receiving a general, under honorable conditions discharge. On 1 May 2000, the separation authority waived further rehabilitative efforts and...

  • ARMY | DRB | CY2008 | AR20080002552

    Original file (AR20080002552.txt) Auto-classification: Denied

    Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 25 July 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-pattern of misconduct for receiving multiple Article 15s which clearly indicated a pattern of misconduct with no hope of rehabilitation, with a general, under honorable conditions discharge. c. Response to Issues, Recommendation and...

  • ARMY | DRB | CY2008 | AR20080004285

    Original file (AR20080004285.txt) Auto-classification: Denied

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, and requested an administrative separation board, and did not submit a statement in his own behalf. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 21 February 2003, the separation authority waived further rehabilitative efforts and directed that the applicant be...

  • ARMY | DRB | CY2009 | AR20090008979

    Original file (AR20090008979.txt) Auto-classification: Denied

    Applicant Name: ????? Legal Basis for Separation: Army Regulation 135-178 (Separation of Enlisted Personnel) provides for the separation of enlisted personnel from the United States Army Reserve. 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 | CY2010 | AR20100028016

    Original file (AR20100028016.txt) Auto-classification: Denied

    Applicant Name: ????? On 23 December 2009, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 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...

  • ARMY | DRB | CY2009 | AR20090004105

    Original file (AR20090004105.txt) Auto-classification: Denied

    Applicant Name: ????? The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. 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: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...

  • ARMY | DRB | CY2009 | AR20090005692

    Original file (AR20090005692.txt) Auto-classification: Denied

    Applicant Name: ????? On 13 April 1994, the separation authority approved the Chapter 10 request with an under other than honorable conditions 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 | CY2008 | AR20080014081

    Original file (AR20080014081.txt) Auto-classification: Denied

    Applicant Name: ????? Facts, Circumstances, and Legal Basis for Separation a. 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 AR20080014081 ______________________________________________________________________________ Page 1 of 3 pages

  • ARMY | DRB | CY2007 | AR20070012592

    Original file (AR20070012592.txt) Auto-classification: Denied

    Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 3 October 1994, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance for consistent poor performance, apparent inability to adapt to military life, his persistent disrespect and disobedience, on several occasions which he either left his place of duty, did not return, or refused to report for duty....

  • ARMY | DRB | CY2009 | AR20090011248

    Original file (AR20090011248.txt) Auto-classification: Denied

    Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 149 and supporting documents submitted by the applicant. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct, with a characterization of service of general, under honorable conditions. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason...