Applicant Name: ?????
Application Receipt Date: 2008/07/01 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant submitted no issues of equity or propriety to be considered by the Board.
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: 041021
Discharge Received: Date: 041116 Chapter: 14 AR: 635-200
Reason: Misconduct RE: SPD: JKK Unit/Location: A Co, 801st BSB, Fort Campbell, KY
Time Lost: None
Article 15s (Charges/Dates/Punishment): 040927, wrongful use of cocaine between (040730-040830), and wrongful use of marijuana between (040606-040706), reduced to E-4, forfeiture of $946 x 2, extra duty for 45 days (FG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 29
Current ENL Date: 001201 Current ENL Term: 4 Years ?????
Current ENL Service: 03 Yrs, 11Mos, 16Days ?????
Total Service: 14 Yrs, 03Mos, 00Days ?????
Previous Discharges: RA-900817-930816/HD
USARCG-930817-940223/NA
RA-940224-960911/HD
RA-960912-970928/HD
RA-970929-991024/HD
RA-991025-001130/HD
Highest Grade: E-5 Performance Ratings Available: Yes No
MOS: 92F10 Petroleum Supply Spec GT: 96 EDU: HS Grad Overseas: Korea/Germany/Southwest Asia Combat: Iraq (030511-031206)
Decorations/Awards: ARCOM-3, AAM-3, AGCM-4, NDSM-2, GWOTEM, GWOTSM, KDSM, NCOPDR-2, ASR, OSR-2, OSB
V. Post-Discharge Activity
City, State: Clarksville, TN
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 21 October 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 wrongful use of cocaine and marijuana, with a general, under honorable conditions discharge. He was advised of his rights. The applicant's election of rights is not contained in the available record and the analyst presumed Government regularity in the discharge process. 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 4 November 2004, 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 a careful review of all the applicants military records during the period of enlistment under review, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a NCO. The applicant, as a NCO, 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 his service below that meriting a fully honorable discharge. Therefore, the analyst determined that 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: 10 April 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 discharge was both proper and equitable and voted to deny relief.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 1 No change 4
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 AR20080010846
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2008 | AR20080010834
Applicant Name: ????? On 28 September 2006, 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 general, under 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...
ARMY | DRB | CY2008 | AR20080014145
Applicant Name: ????? On 13 September 2007, the Applicant consulted with legal counsel and requested consideration of her case by an administrative separation board. The separation authority approved the recommendation of the administrative separation board and directed that the Applicant be discharged with a characterization of service of general, under honorable conditions.
ARMY | DRB | CY2006 | AR20060006055
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 10 June 2004, the applicant again consulted with legal counsel, and voluntarily waived consideration of his case by a administrative separation board, contingent upon his receiving a characterization of service no less favorable than a general, under honorable conditions discharge. Certification Signature and...
ARMY | DRB | CY2009 | AR20090005968
Facts and Circumstances: The evidence of record shows that on 5 September 2003, 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 wrongful use of cocaine, with an under other than honorable conditions discharge. The analyst noted that on the applicant's DD Form 214 block 27, reentry eligibility (RE) code reads "3," however, the separation...
ARMY | DRB | CY2009 | AR20090003696
Further, after careful consideration of the applicant's entire service record, to include his faithful and honorable service, the analyst found that this service was determined not to be sufficiently meritorious to warrant an upgrade of the discharge under review. 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...
ARMY | DRB | CY2008 | AR20080017505
Applicant Name: ????? The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. 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...
ARMY | DRB | CY2008 | AR20080019859
The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration his case by an administrative separation board contingent upon him receiving a characterization of service of no less favorable than general, under honorable conditions, and did not submit a statement in his own behalf. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment...
ARMY | DRB | CY2009 | AR20090013094
On 7 May 1996, the separation authority referred the applicant's separation case to a administrative separation board to determine whether the applicant should be separated from the Army IAW procedures set forth in AR 635-200. By abusing illegal drugs, the applicant knowingly risked a military career and the misconduct diminished the quality of service below that meriting a fully honorable discharge. However, in review of the applicants entire service record, the analyst found that these...
ARMY | DRB | CY2009 | AR20090010542
On 6 February 2008, the applicant consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board, contingent upon his receiving a characterization of service of no less favorable than general, under honorable conditions. On 19 March 2008, the separation authority approved the recommendation of the administrative separation board and directed that the applicant be discharged with a characterization of service of under other than honorable...
ARMY | DRB | CY2007 | AR20070014382
Applicant Name: ????? Facts and Circumstances: Evidence of record shows that on 22 May 1997, 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 for testing positive for using a controlled substance on three different occasions, with a general, under honorable conditions discharge. The intermediate commander reviewed the proposed discharge action and recommended...