Applicant Name:
Application Receipt Date: 2009/02/25 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See 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: 060118
Discharge Received: Date: 060130 Chapter: 14-12c AR: 635-200
Reason: Misconduct (Serious Offense) RE: SPD: JKQ Unit/Location: Co C, 201st Fwd Support Bn, 1st IN Division, Vilseck, GE
Time Lost: None
Article 15s (Charges/Dates/Punishment): 050919, broke restriction imposed by Article 15 on 050907; reduction to E1, forfeiture of $617.00 pay for two months, suspended, to be automatically remitted if not vacated before (060312), 45 days extra duty and 45 days restriction (FG).
050907, failed to go at the time prescribed to her appointed place of duty x5: (050418) PT Formation 0630, (050421) Formation at 0730, (050610) PT Formation at 0630, (050722) Accountability Formation at 0630, (050805) Accountability Formation at 0630; and wrongful use of marjuana between (050618-050718); reduction to E1; forfeiture of $617.00 pay per month for months, 45 days extra duty and 45 days restriction. (FG)
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 18
Current ENL Date: 030728 Current ENL Term: 4 Years
Current ENL Service: 02 Yrs, 06Mos, 03Days
Total Service: 02 Yrs, 06Mos, 03Days
Previous Discharges: None
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 92A10/Automated Logistical Spec GT: 112 EDU: HS Grad Overseas: Germany,SWA Combat: Iraq (040402-050221)
Decorations/Awards: ARCOM, GWOTSM, GWOTEM, ASR, OSR
V. Post-Discharge Activity
City, State:
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 18 January 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 numerous violations of the UCMJ with a general, under honorable conditions discharge. She was advised of her rights. 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 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. 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 she submitted, the characterization of service is improper. The analyst noted that the government introduced into the discharge packet the results of a biochemical test that was part of the applicants Army Substance Abuse Program (ASAP) treatment plan. This is limited use information as defined in Chapter 6, AR 600-85. Use of this information mandates award of a fully honorable characterization of service. Accordingly, the analyst recommends that the applicants characterization of service be upgraded to fully honorable. However, the analyst found that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 18 December 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 noted that the government introduced the results of a biochemical test that was part of the applicants Army Substance Abuse Program (ASAP) treatment plan into the discharge process. This is limited use information as defined in Chapter 6, AR 600-85. Use of this information mandates award of a fully honorable discharge. Accordingly, the Board voted to change the characterization of service to fully honorable. However, the board found that the reason for discharge was fully supported by the record and voted not to change it.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 5 No change 0
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 AR20090006419
______________________________________________________________________________
Page 1 of 3 pages
ARMY | DRB | CY2009 | AR20090007640
The applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, and did not submit a statement in his own behalf. Accordingly, the analyst recommends that the applicants characterization of service be upgraded to fully honorable. Accordingly, the Board voted to change the characterization of service to fully honorable.
ARMY | DRB | CY2009 | AR20090008650
Facts and Circumstances: The evidence of record shows that on 21 August 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 receiving an Article 15 for wrongfully using marijuana (051029-060104), wrongfully using cocaine (051204-051207), receiving a second Article 15 on 060711 for possession of marijuana (060308) and on 060628 being...
ARMY | DRB | CY2009 | AR20090001436
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. The separation authority reviewed the discharge action and directed that the applicant be separated with a characterization of service of under other than honorable conditions. Accordingly, the Board voted to change the characterization of service to fully honorable.
ARMY | DRB | CY2009 | AR20090016468
Applicant Name: ????? Accordingly, the Board voted to change the characterization of service to fully honorable. 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 AR20090016468 ______________________________________________________________________________ Page 1 of 3 pages
ARMY | DRB | CY2008 | AR20080005121
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. On 7 March 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. Accordingly, the Board voted to change the characterization of service to...
ARMY | DRB | CY2009 | AR20090011672
On 21 November 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and voluntarily waived consideration of his case by an administrative separation board. Accordingly, the Board voted to change the characterization of service to fully honorable. 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:...
ARMY | DRB | CY2009 | AR20090006106
Applicant Name: ????? On 26 September 2008, the separation authority approved the Chapter 10 request with an under other than 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: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...
ARMY | DRB | CY2008 | AR20080014515
Facts and Circumstances: The evidence of record showed that on 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 (070110-070117), with a general under honorable conditions discharge. The applicant consulted with legal counsel, was advised of the impact of the discharge action, conditionally waived his right to an administrative separation board contingent upon him...
ARMY | DRB | CY2008 | AR20080011106
Facts and Circumstances: The evidence of record shows that on 20 April 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-commission of a serious offense for wrongful use of marijuana on two different occasions, with a general, under honorable conditions discharge. The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived...
ARMY | DRB | CY2009 | AR20090007752
On 25 March 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 9, AR 635-200, by reason of drug rehabilitation/ASAP failure, with a general, under honorable conditions discharge. 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. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change...