Applicant Name: ?????
Application Receipt Date: 08/01/04 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and documents 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: 060111
Discharge Received: Date: 070410 Chapter: 14-12c AR: 635-200
Reason: Misconduct (drug abuse) RE: SPD: JKK Unit/Location: Med Co., Troop Command, Ft. Carson, Colorado
Time Lost: AWOL x2 for 51 days (060320-060321 and 060519-060706), surrendered.
Article 15s (Charges/Dates/Punishment): 060516, AWOL for 2 days (060320-060321), and wrongfully use marijuana (060222-060322), reduction to E2, forfeiture of $713.00 for two months (suspended); 30 days extra duty (FG).
060801, without authority, absent from the unit (060519-060706), reduction to E1, forfeiture of $636.00 for one month (suspended); 30 days extra duty (FG).
060504, operating a vehicle while under the influence of alcohol (060122), GOMOR.
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 24
Current ENL Date: 050516 Current ENL Term: 4 Years ?????
Current ENL Service: 01 Yrs, 11Mos, 23Days ?????
Total Service: 04 Yrs, 00Mos, 17Days ?????
Previous Discharges: RA-030204-050515/HD
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 68 W Health Care Specialist GT: NIF EDU: GED Overseas: None Combat: Iraq (031031-040712)
Decorations/Awards: ARCOM, AGCM, NDSM, GWOTSM, GWOTEM, OSR, CMB.
V. Post-Discharge Activity
City, State: Denver, CO
Post Service Accomplishments: Not Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 1 November 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconductfor driving under the influence of alcohol, being absent without leave, testing positive for marijuana, and failure to report to appointed place of duty, with an 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, 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. An Administration Separation Board was conducted on 5 December 2006, the applicant appeared with his counsel. The Board recommended separation with a general 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.
The record contains a GOMOR dated 5 April 2006.
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 and independent evidence he submitted related to his diagnosis of PTSD, the analyst determined that the discharge was both proper and equitable. The analyst noted the applicant's issue pertaining to an erroneous date on one of the documents in his official record; however, the record indicates the urinalysis tests were properly administered and documented on 22 March 2006, and 27 July 2006. The analyst noted that the date on the document in question is incorrect however, the error is a harmless error. The analyst also acknowledges the applicant's successful combat tour in Iraq, however, in review of the applicants entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted. 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: 3 October 2008 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 AR20080000274
______________________________________________________________________________
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