Applicant Name: ?????
Application Receipt Date: 2009/06/02 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 149 submitted by the appliacnt in lieu of DD Form 293.
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: NIF
Discharge Received: Date: 080531 Chapter: 14-12c(2) AR: 635-200
Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: HHC 8th US Army, APO AP
Time Lost: None
Article 15s (Charges/Dates/Punishment): 061026, fail to obey a lawful order by an NCO (060929), fail to obey a lawful order of an officer (060921); reduction to E2, forfeiture of $713 pay for two months, 45 days extra duty and restriciton (FG).
070525, violating the curfew policy letter (070303); reduction ot E1, forfeiture of $650 pay for two months, suspended, to be automatically remitted if not vacated before 071120, extra duty and restriction for 45 days (FG).
070608, vacation of suspension for fail to go at the time prescribed to his appointed place of duty (070529); forfeiture of $650 pay for two months
080214, wrongfully use of marijuana on divers occasions (070701-070731); 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: 20
Current ENL Date: 051228 Current ENL Term: 3 Years 1 month and 2 weeks (one month extension)
Current ENL Service: 2 Yrs, 05Mos, 03Days ?????
Total Service: 4 Yrs, 03Mos, 09Days ?????
Previous Discharges: IADT 050104-050610/UNC
ARNG 040223-051227/HD
Highest Grade: E3 Performance Ratings Available: Yes No
MOS: 42A10 Human Resources Spec GT: 94 EDU: GED Overseas: Korea Combat: None
Decorations/Awards: NDSM, GTOWSM, KDSM, ASR, OSR
V. Post-Discharge Activity
City, State: Fort Drum, NY
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 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 misconductfor misconduct-abuse of illegal drugs. The applicant wrongfully used marijuana on several occasions (070701-070731), failed to obey the Command policy regarding curfew (070303), failed to go at the time prescribed, failed to obey a NCO (060929) and failed to obey the Barracks visitation policy (060921), with a general, under honorable conditions discharge.
He was advised of his rights. 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 submitted a statement in his own behalf. The unit commander subsequently recommended separation from the Army 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 16 May 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.
The record contains a MP report 8 March 2007 citing the applicant as the Subject.
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 and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.
The applicants discharge was appropriate because the quality of the former Soldiers service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By the misconduct, the applicant diminished the quality of service below that meriting a fully honorable discharge.
Furthermore, the analyst noted the applicant's issue and 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.
Further, 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 that 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: 14 April 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 AR20090009815
______________________________________________________________________________
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