Search Decisions

Decision Text

ARMY | DRB | CY2009 | AR20090002757
Original file (AR20090002757.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 2009/02/11	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 149 and supporting 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: 040925
Discharge Received: 			   Date: 041221   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: HHC, TF Wings, CJTF-76, BAF, Afghanistan 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040531, wrongful use of marijuana (040329-040429), reduction to E-1, forfeiture of $596 x 2 (suspended), 45 days extra duty and restriction (FG)

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 021120    Current ENL Term: 4 Years  ?????
Current ENL Service: 	02 Yrs, 01Mos, 02Days ?????
Total Service:  		02 Yrs, 01Mos, 02Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 63B10/Lt Veh Mech   GT: 100   EDU: GED   Overseas: Hawaii, Afghanistan   Combat: Afghanistan (040501-041101)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Milwaukee, WI
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 25 September 2004, 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 having tested positive for marijuana on a unit urinalysis, with a general under honorable conditions discharge.  He was advised of his rights.  On 25 September 2004, the applicant waived his right to consult 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 commander reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable conditions discharge.  On 15 October 20004, 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 dated 20 May 2004

       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 applicant’s 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.  Furthermore, the analyst 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.  Additionally, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment.  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: 20 March 2009         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: Disabled American Veterans
                 National Service Office
                 1700 Clairmont Rd.
                 Decatour, GA 30033-4032

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s 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 AR20090002757
______________________________________________________________________________


Page 1 of 3 pages

Similar Decisions

  • ARMY | DRB | CY2009 | AR20090007157

    Original file (AR20090007157.txt) Auto-classification: Denied

    The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, Paragraph 14-12c(2), AR 635-200, by reason of misconduct-drug abuse, with a characterization of service of general, under honorable conditions. Additionally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 27, reentry eligibility (RE) code of "3." Board Action Directed President, Army Discharge Review Board Issue a new DD Form...

  • ARMY | DRB | CY2008 | AR20080004338

    Original file (AR20080004338.txt) Auto-classification: Approved

    Accordingly, the analyst recommends to the Board that the applicant’s characterization be upgraded to fully honorable. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service is too harsh and as a result it now is inequitable, based on the applicant's post service...

  • ARMY | DRB | CY2009 | AR20090008982

    Original file (AR20090008982.txt) Auto-classification: Denied

    The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with general, under honorable conditions discharge. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: The applicant submitted the following documents: VA Identification; Military...

  • ARMY | DRB | CY2008 | AR20080011240

    Original file (AR20080011240.txt) Auto-classification: Denied

    Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 5 January 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12(C)2, AR 635-200, by reason of misconduct drug abuse, 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: No Change Other: NA RE...

  • ARMY | DRB | CY2008 | AR20080002744

    Original file (AR20080002744.txt) Auto-classification: Denied

    Facts and Circumstances: Evidence of record shows that on 25 January 2007, 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 (061212-061215), with a general, under honorable conditions discharge. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 25 January 2007, the separation authority waived...

  • ARMY | DRB | CY2008 | AR20080003426

    Original file (AR20080003426.txt) Auto-classification: Denied

    Applicant Name: ????? By the misconduct and civil conviction, the applicant diminished the quality of service below that meriting a general or honorable discharge. 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 | AR20090006412

    Original file (AR20090006412.txt) Auto-classification: Denied

    Applicant Name: ????? On 15 August 2004, 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. 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.

  • ARMY | DRB | CY2011 | AR20110010041

    Original file (AR20110010041.txt) Auto-classification: Denied

    Applicant Name: ????? The separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. The analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review which included his combat tour in Afghanistan.

  • ARMY | DRB | CY2009 | AR20090001699

    Original file (AR20090001699.txt) Auto-classification: Denied

    Applicant Name: ????? The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf which was not found in the available records. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.

  • ARMY | DRB | CY2008 | AR20080005092

    Original file (AR20080005092.txt) Auto-classification: Denied

    Applicant Name: ????? Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. 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...