Applicant Name: ?????
Application Receipt Date: 2008/04/04 Prior Review: Prior Review Date: NA
I. Applicant 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?
Tender Offer: NA
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: 080307
Discharge Received: Date: 080307 Chapter: 14 AR: 635-200
Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: HHC, 555th EN Bde, Fort Lewis, WA
Time Lost: AWOL for 5 days (080207-080211), mode of return unknown, however, the applicant was admitted to Madigan Army Hospital on (080211) at 1640 hours and surrendered to his unit on (080219).
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 21
Current ENL Date: 060824 Current ENL Term: 5 Years ?????
Current ENL Service: 01 Yrs, 06Mos, 09Days ?????
Total Service: 01 Yrs, 06Mos, 09Days ?????
Previous Discharges: None
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 21T10 Technical Engineer GT: 118 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
City, State: Waverly, OH
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 7 March 2008, 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 wrongful use of cocaine x 2 between (070912-070917) and (080127-080131), 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, waived consideration of his case by an administrative separation board, 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 7 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.
The applicant's record contains a Military Police Blotter Report dated 3 March 2008 and Military Police Report Blotter Extract dated 21 February 2008.
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 military records during the period of enlistment under review, the issues and documents he submitted, the analyst determined that the characterization of service is improper. The analyst noted that the Government introduced into the discharge packet the results of a biochemical test that was part of the applicants Army Substance Abuse Program (ASAP) treatment plan. This is limited use information as defined in Chapter 6, AR 600-85. Use of this information mandates award of a fully honorable characterization of service. Accordingly, the analyst recommends that the applicants 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: 4 February 2009 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 noted that the Government introduced into the discharge packet the results of a biochemical test that was part of the applicants Army Substance Abuse Program (ASAP) treatment plan. This is limited use information as defined in Chapter 6, AR 600-85. Use of this information mandates award of a fully honorable discharge. Accordingly, the Board voted to change the characterization of service to fully honorable. However, the board found that the reason for discharge was fully supported by the record and voted not to change it.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 5 No change 0
Reason - Change 0 No change 5
(Board member names available upon request)
EDGAR J. YANGER
Colonel, U.S. Army
X. 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 AR20080005121
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2009 | AR20090006419
Facts and Circumstances: The evidence of record shows that on 18 January 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 a serious offense for numerous violations of the UCMJ with a general, under honorable conditions discharge. Accordingly, the analyst recommends that the applicants characterization of service be upgraded to fully honorable. Board...
AF | DRB | CY2006 | AR20060015811
The applicant consulted with legal counsel, advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, and did submit a statement in his own behalf. On 10 January 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honor conditions. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S....
ARMY | DRB | CY2009 | AR20090001436
The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board and did not submit a statement in his own behalf. The separation authority reviewed the discharge action and directed that the applicant be separated with a characterization of service of under other than honorable conditions. Accordingly, the Board voted to change the characterization of service to fully honorable.
ARMY | DRB | CY2008 | AR20080009674
Current ENL Service: 00 Yrs, 06Mos, 12Days ????? Facts and Circumstances: The evidence of record shows that on 21 April 2008, 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 wrongful use of amphetamines and methamphetamines (080111-080211) and wrongful cohabitation (070410-070802), with a general under honorable conditions discharge. On 07 May 2008, the...
ARMY | DRB | CY2009 | AR20090004186
Applicant Name: ????? c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicants military records during the period of enlistment under review, the issues and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's 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...
ARMY | DRB | CY2008 | AR20080014515
Facts and Circumstances: The evidence of record showed that on 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 (070110-070117), with a general under honorable conditions discharge. The applicant consulted with legal counsel, was advised of the impact of the discharge action, conditionally waived his right to an administrative separation board contingent upon him...
ARMY | DRB | CY2009 | AR20090006106
Applicant Name: ????? On 26 September 2008, 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 | AR20080010927
On 16 February 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. However, the board determined that the reason for discharge was fully supported by the record and voted not to change it. 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...
ARMY | DRB | CY2008 | AR20080008386
The applicant waived legal counsel, was advised of the impact of the discharge action, unconditionally waived consideration of his case by an administrative separation board, and did not submit a statement in his behalf. On 4 January 2008, the separation authority approved the conditional waiver request, waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. Accordingly, the Board...
ARMY | DRB | CY2009 | AR20090011672
On 21 November 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and voluntarily waived consideration of his case by an administrative separation board. Accordingly, the Board voted to change the characterization of service to fully honorable. 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:...