Applicant Name: ?????
Application Receipt Date: 2009/03/16 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 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: 060620
Discharge Received: Date: 060725 Chapter: 14-12c AR: 635-200
Reason: Misconduct (Serious Offense) RE: SPD: JKQ Unit/Location: Ft Lewis, WA
Time Lost: None
Article 15s (Charges/Dates/Punishment): 060601, without authority go from your appointed place of duty on or about 060515, reduction to E4, forfeiture of $1009 pay per month for two months, extra duty and restriction for 45 days, suspended to be automatically remitted if not vacated before 060929.
060506, wrongfully use cocaine on or about (060320-060327); reduction to E5, forfeiture of $1201 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: 31
Current ENL Date: 050802 Current ENL Term: 5 Years ?????
Current ENL Service: 5 Yrs, 01Mos, 18Days ?????
Total Service: 10 Yrs, 10Mos, 14Days ?????
Previous Discharges: RA 960913-990912/HD
ARNG 991012-010102/GD
RA 031205-050801/HD
Highest Grade: E6 Performance Ratings Available: Yes No
MOS: 11B10/Infantryman GT: 104 EDU: HS Grad Overseas: SWA Combat: Iraq (040914-050914)
Decorations/Awards: AAMx2, AGCMx2, NDSM, ICM, GWOTSM, ASR, OSR, CIB
V. Post-Discharge Activity
City, State: Tacoma, WA
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 20 June 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12c(2), AR 635-200, by reason of misconductfor wrongfully use cocaine and failed to show up for extra duty, with an under other than honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived his right to an administrative separation board 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 an under other than honorable conditions discharge. On 29 June 2006, 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.
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 available military records, and the issue and documents submitted with the application, the analyst found several mitigating factors that would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions. The analyst does not condone the applicants misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable. The analyst found that the quality and length of the applicant's service to include the former Soldiers combat service mitigated the discrediting entries in his service record. Accordingly, the analyst recommends that the applicants characterization of service be upgraded to general, under honorable conditions. However, the analyst determined 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: 4 December 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 characterization of service was too harsh based on the applicants length and quality of his service to include his combat service and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined that the reason for discharge was proper and equitable and voted not to change it.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 4 No change 1
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 AR20090006674
______________________________________________________________________________
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