Applicant Name: ?????
Application Receipt Date: 2008/04/24 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: 981028
Discharge Received: Date: 981215 Chapter: 14 AR: 635-200
Reason: Misconduct RE: SPD: JKK Unit/Location: B Co, 1-5 IN Bn, Fort Lewis, WA
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None Listed
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 29
Current ENL Date: 970606 Current ENL Term: 6 Years ?????
Current ENL Service: 01 Yrs, 06Mos, 10Days ?????
Total Service: 04 Yrs, 02Mos, 04Days ?????
Previous Discharges: RA-941012-970605/HD
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 11B1P Infantryman GT: 100 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: AAM, NDSM, ASR
V. Post-Discharge Activity
City, State: Riverside, CA
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 28 October 1998, 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/abuse of illegal drugs for wrongful use of marijuana x 4 on or about (980921), (971218), (971015), and (960729), with a general, under conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than honorable, 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 conditions discharge. On 20 November 1998, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, 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 a careful review of all the applicants military records during the period of enlistment under review, the issues and documents he submitted, the characterization of service is improper. The analyst noted that the Government introduced into the discharge packet the results of a command directed competence for duty (i.e., fitness for duty) biochemical test. 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 found 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: 18 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 determined that the characterization of service is improper. The Board noted that the Government introduced the results of a command directed urinalysis into the discharge process. 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 grant relief in the form of an upgrade of the characterization of service to fully honorable. However, the Board determined that the reason for discharge was both proper and equitable 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 AR20080006329
______________________________________________________________________________
Page 1 of 2 pages
ARMY | DRB | CY2008 | AR20080012898
The applicant waived consulting with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, and did not submit a statement in his own behalf. On 8 January 2001, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable conditions. Accordingly, the Board voted to change the characterization of...
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 | CY2009 | AR20090000641
Facts and Circumstances: The evidence of record shows that on 1 June 2001, 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 misconductfor having tested positive for illegal use of marijuana on 27 February 2001 and 26 April 2001, with a general under honorable conditions discharge. The intermediate commander reviewed the proposed discharge action and recommended approval of the...
ARMY | DRB | CY2006 | AR20060013484
Original Character of Discharge Unit CDR Recommended Discharge: Date: 011030 Discharge Received: Date: 020320 Chapter: 14-12c(2) AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: B/204th Forward Support Bn, Fort Hood, TX 76544 Time Lost: AWOL 5 days (010131-010204), civilian confinement 56 days (001107-001113 and 010619-010806). On 2 November 2001, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his...
ARMY | DRB | CY2008 | AR20080013745
The applicant enlisted in the Army National Guard State of Minnesota for six years (050714), was ordered to active duty and served in Iraq and received numerous awards and decorations. The applicant consulted with legal counsel, was advised of the impact of the discharge action, submitted a statement in his own behalf and understood that he was receiving a general, under honorable conditions discharge. On 1 May 2000, the separation authority waived further rehabilitative efforts and...
ARMY | DRB | CY2008 | AR20080011106
Facts and Circumstances: The evidence of record shows that on 20 April 2005, 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 marijuana on two different occasions, with a general, under honorable conditions discharge. The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived...
ARMY | DRB | CY2008 | AR20080005121
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. 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. Accordingly, the Board voted to change the characterization of service to...
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 | CY2008 | AR20080007225
Facts and Circumstances: Evidence of record shows that on 14 November 2001, 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; in that he wrongfully used marijuana x 2 between on or about (010219-010319) and again on or about (010917-011017), with a general, under honorable conditions discharge. On 28 November 2001, the separation...
ARMY | DRB | CY2009 | AR20090002388
On 7 November 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. 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: NA ARMY...