Application Receipt Date: 080229
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached 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: NIF
Discharge Received: Date: 071121
Chapter: 14 AR: 635-200
Reason: Misconduct (Drug Abuse)
RE: SPD: JKK
Unit/Location: 562D ENG CO BDE CB, Fort Lewis, WA
Time Lost: Military confinement for 25 days (071018-071111), which the applicant makes reference to in his letter submitted with his DD Form 293.
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None, however, the applicant makes reference to having been court-martialed for disrespect to a LT and failing a drug test for marijuana, he was sentenced to 30 days in jail which he served only 25 days for good behaivior.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 870611
Current ENL Date: 061031 Current ENL Term: 06 Years ?????
Current ENL Service: 00 Yrs, 11Mos, 27Days ?????
Total Service: 03 Yrs, 02Mos, 03Days ?????
Previous Discharges: RA-040825-061030/HD
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 21B10/Combat Engineer GT: NIF EDU: College Transcript-NIF (DD Form 1966/3) Overseas: Southwest Asia Combat: Iraq (051210-061210)
Decorations/Awards: ARCOM-2, JSCM, AAM, NDSM, GWOTSM, ICM, ASR, OSR-2
V. Post-Discharge Activity
Home of Record:
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The specific facts and circumstances pertaining to the applicants discharge from the Army are not contained in the available records. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant. His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, Paragraph 14-12c, AR 635-200, by reason of misconduct (drug abuse), with a characterization of service of under other than honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct-drug abuse), with a reenlistment eligibility (RE) Code of "4."
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 a careful review of all the applicants available military records during the period of enlistment under review, documents, and the issue he submitted, the analyst recommends that the applicants characterization of service be upgraded to general, under honorable conditions. The applicants record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the analyst determined that the applicants characterization of service was too harsh, and as a result it is inequitable. The analyst found that the overall length and quality of the applicant's service to include his combat service, mitigated the discrediting entry in his service record. The analyst determined that the reason for discharge was both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 16 April 2008
Location: Washington, DC
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 5 No change 0 - Character
Change 0 No change 5 - Reason
(Board member names available upon request)
IX. 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 characterization of service was too harsh, and as result it is inequitable.. The Board does not condone the applicants misconduct; however, determined that the overall length and quality of the applicants service to include his combat service, and the circumstances surrounding the discharge, mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions. However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.
Case report reviewed and verified by: Eric S. Moore, 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: 18 April 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080003432
Applicant Name:
______________________________________________________________________
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