Applicant Name: ?????
Application Receipt Date: 2008/10/22 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: 071221 (Retain in military)
Discharge Received: Date: 080218 Chapter: 14-12C AR: 635-200
Reason: Misconduct (Serious Offense) RE: SPD: JKQ Unit/Location: 821st EN CO, 769th EN BN, Ft McCoy, WI
Time Lost: None
Article 15s (Charges/Dates/Punishment): NIF
Courts-Martial (Charges/Dates/Punishment): 071202, SCM, wrongfully allowing a person of the opposite gender to enter living quarters; with the intent to deceive, made an official statement to have never huffed air; wrongfully distributed Xanex; wrongfully and recklessly engage in conduct to cause death of grievous bodily harm to a SPC and a PVT; all while in Iraq; reduced to PVT, forfeiture of $867.60 pay for one month and confinement for 14 days.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 22
Current ENL Date: 020611 Current ENL Term: 6 Years ?????
Current ENL Service: 0 Yrs, 07Mos, 00Days moblized to Active Duty in support of OIF
Total Service: 6 Yrs, 04Mos, 07Days ?????
Previous Discharges: None
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 62B10/ Constuction Equipment Rep GT: 97 EDU: HS Grad Overseas: SWA Combat: Iraq (071002-080202)
Decorations/Awards: NDSM, GWTSM, ICM, ASR, AFRM, WVESR, WVSSR (State Ribbons)
V. Post-Discharge Activity
City, State: Summersville, WV
Post Service Accomplishments: None submitted by the Applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 21 December 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 wrongfully violating a lawful general order on numerous occasions, made false official statements, wrongfully distributed Schedule IV controlled substances to several soldiers in the Company, and engaged in conduct likely to cause death or grievous bodily harm to Soldiers in the Company with a recommendation to retain in the military. 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 intermediate commander reviewed the proposed discharge action and recommended that the Soldier also be retained. On 27 December 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.
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 a careful review of all the applicants military records, and the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicants discharge was appropriate because the quality of the former Soldiers service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By the misconduct, the applicant diminished the quality of service below that meriting a fully honorable discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicants service mitigated the misconduct or poor duty performance. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 3. If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes. 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: 7 August 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 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: No Change
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080017019
______________________________________________________________________________
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