Applicant Name:
Application Receipt Date: 080904 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See enclosed DD Form 293 and 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: 070827
Discharge Received: Date: 071012 Chapter: 14-12c(2) AR: 635-200
Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: G Btry, 1st Bn, 6th Field Artillery, Ft. Hood, TX
Time Lost: Civilian confinement 10 days pending a court date (070911-070921)
Article 15s (Charges/Dates/Punishment): 070629 wrongfully use marijuana on or about 070504 and 070604 at Ft. Hood, TX: reduction to E-1; forfeiture of $650.00 of pay per month for two months; extra duty and restriction for 45 days (FG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 20
Current ENL Date: 061004 Current ENL Term: 3 Years 18 weeks
Current ENL Service: 0 Yrs, 11Mos, 28Days ?????
Total Service: 0 Yrs, 11Mos, 28Days ?????
Previous Discharges: None
Highest Grade: E2 Performance Ratings Available: Yes No
MOS: 88M10 Motor Transport GT: 84 EDU: College transcprit Overseas: None Combat: None
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
City, State: San Diego, CA
Post Service Accomplishments: Nothing provided by the Applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 27 August 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12c, AR 635-200, by reason of misconductfor testing positive for marijuana, 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, and did 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. 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 of this regulation 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, however, a general under honorable conditions or an honorable discharge may be granted.
c. Response to Issues, Recommendation and Rationale:
After carefully examining the applicants record of service during the period of enlistment under review and the issue and documents submitted with the application, 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. 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: 090612 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 0 No change 5
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: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080013722
______________________________________________________________________________
Page 1 of 2 pages
ARMY | DRB | CY2008 | AR20080017604
Applicant Name: ????? On 20 September 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of 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: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND...
ARMY | DRB | CY2007 | AR20070013591
I would like my discharge changed to Honorable and my separation and reentry codes changed so that I am able to re-enlist. I ask that the army let me change my life and return to its service." Original Character of Discharge Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 010117 Chapter: 14-12c AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: 410th MP Co, Fort Hood, TX Time Lost: None Article 15s (Charges/Dates/Punishment): NIF Court-Martials...
ARMY | DRB | CY2007 | AR20070011287
The applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted a statement in his own behalf. On 23 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. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available...
ARMY | DRB | CY2009 | AR20090001571
Facts and Circumstances: The evidence of record shows that on 6 October 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12c, AR 635-200, by reason of misconductfor misconduct, abuse of illegal drugs, with a recommendation to retain her in the United States Army. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of...
ARMY | DRB | CY2009 | AR20090010651
Applicant Name: ????? On 15 March 2002, the separation authority 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: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | DRB | CY2008 | AR20080013522
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. On 14 December 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. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE...
ARMY | DRB | CY2009 | AR20090003036
Applicant Name: ????? The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. 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: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | DRB | CY2008 | AR20080007923
Applicant Name: ????? Application Receipt Date: 080514 Prior Review: Prior Review Date: NA I. On 18 June 2003, 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.
ARMY | DRB | CY2009 | AR20090007896
Facts and Circumstances: The evidence of record shows that on 27 May 2008, 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 receiving an Article 15 (071205) for wrongful use of marijuana, with a general, under honorable conditions discharge. The applicant consulted with legal counsel, was advised of the impact of the discharge action and...
ARMY | DRB | CY2008 | AR20080016088
Applicant Name: ????? The separation authority 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 - CASE REPORT AND DIRECTIVE Case Number...