Applicant Name: ?????
Application Receipt Date: 2009/04/24 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: 040422
Discharge Received: Date: 040618 Chapter: 14-12c(2) AR: 635-200
Reason: Misconduct RE: SPD: JKK Unit/Location: 232d Medical Bn, Ft Sam Houston, TX
Time Lost: None
Article 15s (Charges/Dates/Punishment): 040413, wrongfully use of marijuana (031013-031112); reduction to E5, forfeiture of $1,183 pay per month for two months (FG).
Courts-Martial (Charges/Dates/Punishment): 010824, SPCM, disrespectful in deportment toward the 1SG (000209-000310); reprimanded.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 34
Current ENL Date: 990224 Current ENL Term: Indefinite Years ?????
Current ENL Service: 5 Yrs, 03Mos, 26Days ?????
Total Service: 15 Yrs, 09Mos, 06Days ?????
Previous Discharges: RA 880913-920611/HD
RA 920612-940622/HD
RA 940623-990223/HD
Highest Grade: E6 Performance Ratings Available: Yes No
MOS: 91W1H Health Care Specialist GT: 99 EDU: 2 yrs College Overseas: Germany, Macedonia Combat: None
Decorations/Awards: ARCOM-3, AAM-2, JMUA, AGCM-4, NDSM-2, AFSM, NCOPDR w/2, ASR, OSR-3, GWOTSM, UNM, NATO MDL, EFMB
V. Post-Discharge Activity
City, State: San Antonio, TX
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 22 April 2004, 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 for abusing marijuana, a controlled substance, with an under other than honorable conditions discharge.
He was advised of his rights. On 27 April 2004, the applicant consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board. The applicant submitted a statement in his own behalf which is not contained in the available record. 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 with an under other than honorable conditions discharge.
On 9 June 2004, the separation authority directed that the applicant be discharged with a characterization of service of under other than honorable conditions. He was to be reduced to the lowest enlisted grade of E1.
The record contains a CID report dated 26 November 2003.
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 length and quality of the applicant's service and, the medical circumstances surrounding the discharge 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: 23 February 2010 Location: Dallas, TX
Did the Applicant Testify? Yes No
Counsel: Yes
Witnesses/Observers: Yes
Exhibits Submitted: Yes
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review, hearing his testimony 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 and as a result, it is inequitable. Accordingly, the Board voted to grant relief by changing the characterization of service to general, under honorable conditions. The Board determined that the reason for discharge was both proper and equitable and voted not to change it. This action entails restoration of grade to E-5/SGT.
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: No Change
Other: NA
RE Code:
Grade Restoration: No Yes Grade: E5
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090008304
______________________________________________________________________________
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