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: 070116
Discharge Received: Date: 070223 Chapter: 14 AR: 635-200
Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: 305th Quartermaster Co, 129th Combat Sustainment Support Bn Ft. Campbell, KY
Time Lost: None
Article 15s (Charges/Dates/Punishment): 060727 violate General Order 1 by wrongfully consuming alcoholic beverages in Q-West, Iraq on or about 2 July 2006: reduction to E-3; forfeiture of $372 for one month, extra duty and restriction for 7 days and oral reprimand (CG).
061108 wrongfully use cocaine between 061010-061012; reduction to E-1; forfeiture of $636 x2; extra duty 45 days, suspended, (FG)
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 040715 Current ENL Term: 4 Years ?????
Current ENL Service: 2 Yrs, 07Mos, 09Days ?????
Total Service: 2 Yrs, 7Mos, 9Days ?????
Previous Discharges: None
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 92A10 Automated Logistical Sp GT: 94 EDU: Some college Overseas: Korea Combat: Kuwati/Iraq (050817-060809)
Decorations/Awards: ARCOM-2, AAM, NDSM, GWOTSM, KDSM, ICM, ASR, OSR
V. Post-Discharge Activity
City, State: Salem, OR
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 January 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductfor wrongfully using cocaine on about 060924 and 061024, with a general under honorable conditions discharge. She was advised of her rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted statements in her 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 7 February 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, 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 she 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: 081031 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 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 AR20080000171
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2009 | AR20090006261
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 8 September 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c (2), AR 635-200, by reason of misconduct-commission of a serious offense, abuse of illegal drugs; in that he wrongfully used cocaine between on or about 080328 and 080331, with a general, under honorable conditions discharge. Board Action Directed President, Army Discharge...
ARMY | DRB | CY2009 | AR20090004323
Applicant Name: ????? The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. On 20 June 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.
ARMY | DRB | CY2010 | AR20100007059
Applicant Name: ????? On 13 December 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: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | DRB | CY2009 | AR20090009687
Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 5 April 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct commission of serious offense in that he wrongfully used cocaine x2 (051125-051128 & 060114-060117), with a general, under honorable conditions discharge. On 9 May 2006, the separation authority waived further rehabilitative...
ARMY | DRB | CY2006 | AR20060006031
Facts and Circumstances: Evidence of record shows that on 28 March 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductcommission of a serious offense (abuse of illegal drugs, wrongful use of cocaine on divers occasions 1 December 2004-16 January 2005, wrongful possession of cocaine 13 January 2005, and conspiracy to wrongfully possess a controlled substance 13 January 2005), with an under...
ARMY | DRB | CY2009 | AR20090009853
Facts and Circumstances: The evidence of record shows that on 14 August 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct commission of serious offense, abuse of illegal drugs, also committed a number of offenses which constituted a pattern of misconduct, wrongfully disobeyed orders from noncommissioned officers, on more than one occasion wrongfully consumed alcohol...
ARMY | DRB | CY2008 | AR20080002222
Applicant Name: ????? Facts and Circumstances: Evidence of record shows that on 14 June 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductcommission of a serious offense in that you did between on or about (070101-070404) wrongfully used cocaine, and failed to go to his appointed place of duty (070412), with a general, under honorable conditions discharge. On 22 June 2007, the...
ARMY | DRB | CY2009 | AR20090006082
Applicant Name: ????? On 14 March 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 | CY2012 | AR20120003528
Applicant Name: ????? The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge. On 18 September 2003, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions.
ARMY | DRB | CY2007 | AR20070015127
Applicant Name: ????? The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. On 4 May 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.