Applicant Name: ?????
Application Receipt Date: 081028 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and supporting documentation 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: 080109
Discharge Received: Date: 080303 Chapter: 14-12c(2) AR: 635-200
Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: B Co, 3d Bn, 75th Ranger Regiment, Fort Benning, GA
Time Lost: None
Article 15s (Charges/Dates/Punishment): 071016, Wrongfully used marijuana (070817-070916); Reduction to E2, forfeiture of $650.00 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: 21
Current ENL Date: 051115 Current ENL Term: 03 Years 19 Weeks
Current ENL Service: 02 Yrs, 03 Mos, 19 Days ?????
Total Service: 02 Yrs, 03 Mos, 19 Days ?????
Previous Discharges: None
Highest Grade: E3 Performance Ratings Available: Yes No
MOS: 13F Fire Spt Spec GT: 100 EDU: HS Grad Overseas: Republic of Korea Combat: None
Decorations/Awards: AAM, NDSM, PB
V. Post-Discharge Activity
City, State: Oak Island, NC
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 7 December 2007, 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 misconductfor having tested positive for marijuana (070817-070916), with a general under honorable conditions discharge. The Applicant was advised of his rights, 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. On 24 January 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.
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: 12 August 2009 Location: Washington, D.C.
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: No Change
RE Code:
Grade Restoration: No Yes Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080017258
______________________________________________________________________________
Page 1 of 2 pages
ARMY | DRB | CY2009 | AR20090006838
Applicant Name: ????? The applicant consulted with legal counsel, was advised of the impact of the discharge action waived his right to an administrative separation board, and submitted a statement in his own behalf. On 16 November 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
ARMY | DRB | CY2008 | AR20080010767
I started military service January 2004. I had no previous history of alcohol abuse prior to returning from Iraq, I had never consumed alcohol before. Discharge Under Review Unit CDR Recommended Discharge: Date: 070728 Discharge Received: Date: 070817 Chapter: 14-12c(2) AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: C Co, 801st Bde Spt Bn, Fort Campbell, KY Time Lost: 63 days, confined by civil authorities (070616-070817).
ARMY | DRB | CY2008 | AR20080011267
Applicant Name: ????? On 25 September 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. 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 | AR20080013383
Applicant Name: ????? On 29 January 2008, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than 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...
ARMY | DRB | CY2010 | AR20100008670
Applicant Name: ????? I have a great work history and was a great soldier i fast tracked and did everything i could besides college to get promoted as fast as Possible. 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.
ARMY | DRB | CY2012 | AR20120008651
Facts and Circumstances: The evidence of record shows that on 27 April 2009, 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 wrongfully using marijuana, with a general, under honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)," the...
ARMY | DRB | CY2008 | AR20080013696
Applicant Name: ????? On 22 April 2003, 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 | CY2009 | AR20090006970
Facts and Circumstances: Evidence of record shows that on 1 October 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 misconductabuse of illegal drugs, with a general, under honorable conditions discharge. The applicant's DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, paragraph 12c(2), AR 635-200, by reason of misconduct (Drug Abuse),...
ARMY | DRB | CY2009 | AR20090008966
Facts and Circumstances: The evidence of record shows that on 8 April 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconductfor abuse of illegal drugs, in that he tested positive for marijuana on a random urinalysis (080815), and for multiple failures to report to his designated place of duty, with a general, under honorable conditions discharge. On 9 April 2009, the...
ARMY | DRB | CY2009 | AR20090007627
Applicant Name: ????? On 17 November 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. 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...