Applicant Name: ?????
Application Receipt Date: 2008/12/31 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See enclosed DD Form 293 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: 040520
Discharge Received: Date: 040810 Chapter: 14-12c(2) AR: 635-200
Reason: Misconduct RE: SPD: JKK Unit/Location: 98th Maintenance Company, Special Troops Battalion, Fort Richardson, AK
Time Lost: None
Article 15s (Charges/Dates/Punishment): 040426, Wrongfully used marijuana on or between 040211-040310; reduction to the grade of Private (E-2); forfeiture of $669.00 pay per month for two months; suspended, to be automatically remitted if not vacated before 040725; and extra duty for 45 days (FG)
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 020924 Current ENL Term: 4 Years ?????
Current ENL Service: 1 Yrs, 10 Mos, 17 Days ?????
Total Service: 1 Yrs, 10 Mos, 17 Days ?????
Previous Discharges: None
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 35E10 Radio/Com Sec Repairer GT: 105 EDU: HS Grad Overseas: Alaska (030707-040810) Combat: None
Decorations/Awards: NDSM, GWTSM, ASR
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 20 May 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c(2), AR 635-200, by reason of misconduct-commission of a serious offense; in that he wrongfully used 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 not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 21 July 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.
The record contains a CID Report of Investigation dated 30 March 2004.
b. Legal Basis for Separation:
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 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, but a general discharge 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 submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. 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 his service below that meriting a fully honorable discharge. Furthermore, the analyst noted the applicant's issue and found no evidence of arbitrary or capricious actions by the command. The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the analyst considered the applicants quality of service during the initial portion of the enlistment under review. However, this service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of discharge. In view of the foregoing, 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: 23 September 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: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090001749
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2008 | AR20080016145
Facts and Circumstances: The evidence of record shows that on 17 July 2006, 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 wrongful use of cocaine between (040810-040823), driving while intoxicated (051217), AWOL (060201-060203), wrongfully operate a vehicle without a valid USAREUR license (060423), and made a false official statement to...
ARMY | DRB | CY2007 | AR20070016589
His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c(1) by reason of misconduct, with a characterization of service of general, under honorable conditions. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c by reason of misconduct-commission of a serious offense, with a characterization of service of general, under honorable conditions. Certification Signature...
ARMY | DRB | CY2008 | AR20080014679
Applicant Request: Upgrade Reason Change RE Code Change Issues: See enclosed DD Form 293 and attached documents (3) submitted by the applicant. On 8 August 2007, 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: NA Other: The...
ARMY | DRB | CY2006 | AR20060006917
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 August 2004, the applicant again consulted with legal counsel, and voluntarily waived consideration of his case by an administrative separation board, contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge, and did not submit a statement in his own behalf. On 21...
ARMY | DRB | CY2008 | AR20080007522
Application Receipt Date: 2008/05/08 Prior Review: Prior Review Date: NA I. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: The Board voted to direct that an administrative change be made to block 26, separation code to "JKQ" and...
ARMY | DRB | CY2008 | AR20080001596
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. 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 Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and...
ARMY | DRB | CY2006 | AR20060012049
Original Character of Discharge Unit CDR Recommended Discharge: Date: 040908 Discharge Received: Date: 041028 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKQ Unit/Location: 403rd Transportation Company, 7th Transportation Battalion, Fort Bragg, NC 28310-5000 Time Lost: Absent without leave for a total of 147 days (040317-040810). Facts and Circumstances: Evidence of record shows that on 8 September 2004, the unit commander notified the applicant of initiation of separation action...
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 | CY2006 | AR20060012060
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 approval of the separation action with a general, under honorable conditions discharge. On 20 May 2006, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
ARMY | DRB | CY2007 | AR20070002288aC071031
The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her own behalf. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were:...