Applicant Name: ?????
Application Receipt Date: 2009/04/10 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: 060825
Discharge Received: Date: 061103 Chapter: 14-12c(2) AR: 635-200
Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: US Army Recruiting Battalion Minneapolis, Ft Snelling, MN
Time Lost: None
Article 15s (Charges/Dates/Punishment): 060509, violate a lawful general regulation by engaging in a relationship with an applicant (060208-060211); reduction to E3 (CG).
060627, wrongfully use marijuana (060225); reduction to E1, forfeiture of $318 pay per month for two months (FG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 25
Current ENL Date: 050509 Current ENL Term: 4 Years ?????
Current ENL Service: 1 Yrs, 05Mos, 25Days ?????
Total Service: 3 Yrs, 05Mos, 26Days ?????
Previous Discharges: RA 030508-050508/HD
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 11B14 Infantryman GT: 110 EDU: HS Grad Overseas: SWA Combat: Iraq (031018-041117)
Decorations/Awards: PH, NDSM, ASR, CIB
V. Post-Discharge Activity
City, State: Sioux Falls, SD
Post Service Accomplishments: The applicant states that he is an accredited Veterans Service Officer for the State of South Dakota as of 9 Oct 2008.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 15 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 for engaging in a unauthorized relationship with an applicant and testing positive for marijuana on 060321, with a general, under honorable conditions discharge. He was advised of his rights. The applicant waived his right to consult with legal counsel and 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.
On 13 October 2006, 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 9 May 2006.
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.
Furthermore, the analyst noted the applicants issue and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.
The analyst acknowledges the applicant's successful transition to civilian life and noted the accomplishments outlined with the application. However, in review of the applicants entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.
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: 22 January 2010 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: No Change
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090007750
______________________________________________________________________________
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