Applicant Name:
Application Receipt Date: 2008/10/01 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicants states that he feels the charges against him are a great misrepresentation of who he was then, and who he is now.
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: 020122
Discharge Received: Date: 020219 Chapter: 14-12c(2) AR: 635-200
Reason: Misconduct RE: SPD: JKK Unit/Location: E Co, 704th Division Support Battalion, Fort Hood, TX
Time Lost: None
Article 15s (Charges/Dates/Punishment): 010830, at or near Fort Hood, Texas, on or between 24 May and 22 June 2001, did wrongfully use marijuana; reduction to Specialist (E-4); forfeiture of $750.00 pay for two months, suspended, to be automatically remitted if not vacated before 27 Feruary 2002; extra duty for 30 days. (FG)
On 010909, applicant received a General Officer letter of reprimand for use of an illegal substance (010713).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 21
Current ENL Date: 980218 Current ENL Term: 4 Years ?????
Current ENL Service: 4 Yrs, 00Mos, 02Days ?????
Total Service: 4 Yrs, 00Mos, 02Days ?????
Previous Discharges: None
Highest Grade: E-5 Performance Ratings Available: Yes No
MOS: 91W10/Health Care Specialist GT: 111 EDU: HS GRAD Overseas: None Combat: None
Decorations/Awards: ASR
V. Post-Discharge Activity
City, State: Stanford, FL
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 30 November 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12c(2), AR 635-200, by reason of misconductfor wrongful use of marijuana on or between 24 May 2002 and 22 June 2001, 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 submitted 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 29 January 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.
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 on behalf of the applicant 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 special trust and confidence placed in a non-commissioned officer (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 the misconduct 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: 22 April 2009 Location: Atlanta, GA
Did the Applicant Testify? Yes No
Counsel:Yes
Witnesses/Observers: Spouse
Exhibits Submitted: None
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review, hearing his testimony and considering the analysts recommendation and rationale, the Board determined that the characterization of service was too harsh based on the applicants length and quality of his service and as a result, it is inequitable. Accordingly, the Board voted to grant relief by changing the characterization of service to fully honorable. 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 4 No change 1
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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080015275
______________________________________________________________________________
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