Applicant Name: ?????
Application Receipt Date: 2009/09/28 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached 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: 090625
Discharge Received: Date: 090810 Chapter: 14-12c(2) AR: 635-200
Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: G Trp, 2-3 Cavalry Regt, Fort Hood, TX
Time Lost: AWOL, x2 for 31 days total (090318-090414, mode of return unknown; 090518-090522, apprehended); Civilian/Military Confinement for 34 days total (090523-090627).
Article 15s (Charges/Dates/Punishment): 090505, AWOL from 090318-090415; reduction to Private E-1, forfeiture of $699.00 pay per month for two months, 45 days restriction, 45 days extra duty (FG).
Courts-Martial (Charges/Dates/Punishment): 090625, SCM, AWOL 16-22 May 2009, left his appointed place of duty, wrongfully used cocaine x2, wrongfully used marijuana x1, broke restriction x2; confinement for 30 days.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 20
Current ENL Date: 080612 Current ENL Term: 5 Years ?????
Current ENL Service: 01 Yrs, 01Mos, 08Days ?????
Total Service: 03 Yrs, 00Mos, 03Days ?????
Previous Discharges: RA 060727-080611/HD
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 19K10/Armor Crewman GT: 96 EDU: HS GRAD Overseas: SWA Combat: Iraq (071025-090108)
Decorations/Awards: ARCOM, NDSM, ICM W/CS, ASR, OSR
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: None listed by the applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 25 June 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12c, AR 635-200, by reason of misconduct (Commision of a Serious Offense)for AWOL (16-22 May 2009), left his appointed place of duty, wrongfully used cocaine x2, wrongfully used marijuana x1, broke restriction x2, with a 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, unconditionally 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 commanders reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable conditions discharge. On 30 July 2009, 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 command directed competence for duty (i.e., fitness for duty) biochemical test. 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: 2 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 command directed urinalysis 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 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 AR20090017751
______________________________________________________________________________
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