Applicant Name: ?????
Application Receipt Date: 2009/04/14 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant provided no issues of equity or propriety to be considered by the Board.
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: 020424
Discharge Received: Date: 020529 Chapter: 14-12c(2) AR: 635-200
Reason: Misconduct RE: SPD: JKK Unit/Location: D Co, 2/10 Avn BN, Ft Drum, NY
Time Lost: None
Article 15s (Charges/Dates/Punishment): 011002, without authority, go from your appointed place of duty (010906), fail to go at the time prescribed to your appointed place of duty x3 (010724, 010731 & 010619), derelict in the performance of duty in that you failed to perform PT (010907); reduction to E2, extra duty 14 days, forfeiture of $272 pay, suspended, to be automatically remitted if not vacated before 011202 (CG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 18
Current ENL Date: 990723 Current ENL Term: 6 Years ?????
Current ENL Service: 2 Yrs, 10Mos, 07Days ?????
Total Service: 2 Yrs, 10Mos, 07Days ?????
Previous Discharges: None
Highest Grade: E3 Performance Ratings Available: Yes No
MOS: 68N10 Avionic Mechanic GT: 111 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
City, State: Gainesville, FL
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 24 April 2002, 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 in that he tested positive on a urinalysis for marijuana use (011115) and again (020221), and also demonstrated a pattern of misconduct including failures to repair and dereliction of 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, voluntarily waived consideration of his case by an administrative separation board, and submitted 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 an under other than honorable conditions discharge. On 22 May 2002, 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 military records, and the issue he 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 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: 20 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 noted that the government introduced a document into the discharge process revealing that the applicant was enrolled in the Alcohol and Drug Prevention and Control Program for substance abuse. This is limited use information as defined in 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: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090007770
______________________________________________________________________________
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