Applicant Name: ?????
Application Receipt Date: 2008/09/17 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached document 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: 070302
Discharge Received: Date: 070403 Chapter: 9 AR: 635-200
Reason: Drug Rehabilitation Failure RE: SPD: JPC Unit/Location: A Co, 1-75 Ranger Regt, Hunter Army Airfield, GA
Time Lost: None
Article 15s (Charges/Dates/Punishment): 061214, wrongful use of marijuana between (060920-061019); reduction to E-2, with reduction to E-1 (suspended), forfeiture of $713 x 1 (suspended), 45 days extra duty and 45 days restriction (FG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 18
Current ENL Date: 040506 Current ENL Term: 4 Years 16 Weeks/with an approved moral waiver (040408)
Current ENL Service: 02 Yrs, 10Mos, 28Days ?????
Total Service: 02 Yrs, 10Mos, 28Days ?????
Previous Discharges: None
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 11B10 Infantryman GT: 100 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq (050104-050410) and (051004-060106)
Decorations/Awards: NDSM, GWOTSM, ASR, RNGR TAB
V. Post-Discharge Activity
City, State: Lincoln, NE
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record indicates that on 3 November 2006, the unit commander in consultation with the Clinical Director/ASAP declared the applicant a rehabilitation failure. On 2 March 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of drug rehabilitation failure/ASAP failure, with a general, under honorable conditions discharge. He was advised of his rights. The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 14 March 2007, the separation authority 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 9 contains the authority and outlines the procedures for discharging individuals because of alcohol or other drug abuse. A member who has been referred to the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) for alcohol/drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical. Army policy states that an honorable or general discharge is authorized depending on the applicants overall record of service. However, an honorable discharge is required if restricted use information is used in the discharge process.
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 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: 2 July 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 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 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 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 AR20080014678
______________________________________________________________________________
Page 1 of 3 pages
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 | ar20080011605
Applicant Name: ????? On 5 February 2007, 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: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: PV2/E2 ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
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 | AR20090007770
Facts and Circumstances: The evidence of record shows that on 24 April 2002, 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 in that he tested positive on a urinalysis for marijuana use (011115) and again (020221), and also demonstrated a pattern of misconduct including failures to repair and dereliction of duty, with an under other than...
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 | CY2010 | AR20100010727
Facts and Circumstances: The evidence of record shows that on 18 May 2009, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP) declared the applicant an alcohol or other drug abuse rehabilitation failure. On 22 July 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of alcohol or other drug abuse rehabilitation failure/ASAP failure (090518), with a general,...
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 | CY2009 | AR20090007640
The applicant consulted 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. Accordingly, the analyst recommends that the applicants characterization of service be upgraded to fully honorable. Accordingly, the Board voted to change the characterization of service to fully honorable.
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...