Search Decisions

Decision Text

ARMY | DRB | CY2008 | AR20080002744
Original file (AR20080002744.txt) Auto-classification: Denied
Application Receipt Date: 2008/02/15	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached medical documents submitted by the Applicant.

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 070125
Discharge Received:     Date: 070207   
Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)
RE:     SPD: JKK
Unit/Location: C Co, 10th FSB, Fort Drum, NY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 061108, disobeyed a lawful order from an NCO (061005), 14 days extra duty, oral reprimand (Summarized)

Unit commander states the applicant received a CG Article 15 while in AIT for wrongful possession of alcohol, not contained in the record

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  820507  
Current ENL Date: 041006    Current ENL Term: 4 Years  ?????
Current ENL Service: 02 Yrs, 04Mos, 02Days ?????
Total Service:  02 Yrs, 04Mos, 02Days ?????
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 68W10/Health Care Spc   GT: 117   EDU: HS Grad   Overseas: SWA   Combat: Iraq (050811-060727)
Decorations/Awards: AAM, NDSM, GWOTSM, ICM, ASR, OSR, CAB
V.  Post-Discharge Activity
Home of Record: 
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 25 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 misconduct—for wrongful use of cocaine (061212-061215),  with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant waived his right to consult 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 a general, under honorable conditions discharge.  On 25 January 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, but a general discharge under honorable conditions or an honorable discharge may be granted.  

      c.  Response to Issues, Recommendation and Rationale:  
      After carefully examining the applicant’s record of service during the period of enlistment under review and the issue and independent evidence he submitted related to his diagnosis of PTSD by the Veterans’ Administration, 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 evidence of record shows that the command attempted to assist the applicant in performing and conducting himself  to Army standards by providing counseling, by referring him to the ASAP Program in November 2006, and by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to these efforts.  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: 11 April 2008              
Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA




VIII.  Board Decision
The discharge was:			Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Equitable	 	Inequitable	

DRB voting record:  		      Change 2    No change 3   - Character
		 			      Change 0    No change 5   - Reason
					      (Board member names available upon request)

IX.  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.  





















Case report reviewed and verified by: Al Champin, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: NA
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 14 April 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080002744

Applicant Name: 
______________________________________________________________________


Page 1 of 5 pages

Similar Decisions

  • ARMY | DRB | CY2009 | AR20090011738

    Original file (AR20090011738.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 20 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 misconduct—for misuse of a government credit card (060923-061215), with a general under honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct"(Serious Offense), and the separation code is "JKQ." ...

  • ARMY | DRB | CY2006 | AR20060010083

    Original file (AR20060010083.txt) Auto-classification: Denied

    Current ENL Service: 02 Yrs, 03Mos, 02Days ????? The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 20 July 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND...

  • ARMY | DRB | CY2006 | AR20060016235

    Original file (AR20060016235.txt) Auto-classification: Denied

    Facts and Circumstances: Evidence of record shows that on 8 December 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-commission of a serious offense for use of illegal drugs-cocaine, with a general, under honorable conditions discharge. 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. ...

  • ARMY | DRB | CY2006 | AR20060013803

    Original file (AR20060013803.txt) Auto-classification: Denied

    c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records, and the independent evidence he submitted, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to fully honorable. 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,...

  • ARMY | DRB | CY2010 | AR20100011014

    Original file (AR20100011014.txt) Auto-classification: Denied

    Applicant Name: ????? The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)", and the separation code is "JKK." 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 Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge...

  • ARMY | DRB | CY2007 | AR20070009962

    Original file (AR20070009962.txt) Auto-classification: Denied

    Facts and Circumstances: Evidence of record shows that on 27 February 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—commission of a serious offense for failure to obey lawful general orders and regulations, with a general, under honorable conditions discharge. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement...

  • ARMY | DRB | CY2007 | AR20070013971

    Original file (AR20070013971.txt) Auto-classification: Denied

    The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with a other than honorable conditions discharge. On 09 April 2002, the separation authority approved the discharge and waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of other than honorable conditions. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President,...

  • AF | DRB | CY2006 | AR20060016209

    Original file (AR20060016209.txt) Auto-classification: Denied

    Facts and Circumstances: Evidence of record shows that on 22 June 2000, 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 wrongful use of marijuana (000324-000424), and overall substandard performance, lack of motivation, conduct unbecoming a soldier and failure to adapt socially or emotionally to military life with a general under honorable conditions discharge. On 23 June 2000, the...

  • ARMY | DRB | CY2008 | AR20080016095

    Original file (AR20080016095.txt) Auto-classification: Denied

    Applicant Name: ????? On 29 November 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than 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: None ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...

  • ARMY | DRB | CY2008 | AR20080011240

    Original file (AR20080011240.txt) Auto-classification: Denied

    Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 5 January 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12(C)2, AR 635-200, by reason of misconduct drug abuse, with a general under 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...