Search Decisions

Decision Text

ARMY | DRB | CY2010 | AR20100000475
Original file (AR20100000475.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 2009/12/15	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 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: 080409
Discharge Received: 			   Date: 080506   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: A Battery, 1-37th FA, Ft Lewis, WA 

Time Lost: Military Confinement 24 days (080225-080320)

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): 080225, fail to go at the time prescribed to his appointed place of duty (071129), wrongfully consuming alcohol while under the age of 21 (071129) and wrongfully use marijuana (071030-071129); reduction to E1, forfeiture of $893, confinement for 30 days (Summary)

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 070104    Current ENL Term: 4 Years  17 weeks
Current ENL Service: 	1 Yrs, 03Mos, 07Days Moral waiver approved (061211)
Total Service:  		1 Yrs, 03Mos, 07Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 13B10 Cannon Crewmember   GT: 100   EDU: HS Grad   Overseas: SWA   Combat: Iraq (060701-071004)
Decorations/Awards: ARCOM, NDSM, GWOTSM, ASR, OSR, ICMw/BSS, OSB(2)

V.  Post-Discharge Activity
City, State:  Phoenix, AZ
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 9 April 2008, 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, commissioned of a serious offense for failure to be at 0630 accountability formation (071129), wrongfully drinking while under the age of 21 and failed a unit urinalysis, testing positive for marijuana, 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 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 17 April 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.

       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 applicant’s record of service during the period of enlistment under review and the issue 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 applicant’s 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.  Additionally, 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 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: 26 February 2010         Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA


















VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s 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 AR20100000475
______________________________________________________________________________


Page 1 of 3 pages

Similar Decisions

  • ARMY | DRB | CY2009 | AR20090001712

    Original file (AR20090001712.txt) Auto-classification: Denied

    Applicant Name: ????? The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 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: None ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number...

  • ARMY | DRB | CY2010 | AR20100020960

    Original file (AR20100020960.txt) Auto-classification: Denied

    Applicant Name: ????? Furthermore, the record does not support the issue that the applicant suffers from Post Traumatic Stress Disorder and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board...

  • ARMY | DRB | CY2008 | AR20080014609

    Original file (AR20080014609.txt) Auto-classification: Denied

    Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 14 December 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct—commission of a serious offense for abuse of illegal drugs, possession of marijuana (070720), and for a positive urinalysis (070720), with a general under honorable conditions discharge. On 18 December 2007, the separation...

  • ARMY | DRB | CY2008 | AR20080013731

    Original file (AR20080013731.txt) Auto-classification: Denied

    The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily unconditionally waived consideration his case by an administrative separation board, and submitted a statement in his own behalf. On 2 April 2008, the separation authority approved the conditional waiver request, waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. Board Action...

  • ARMY | DRB | CY2008 | AR20080010494

    Original file (AR20080010494.txt) Auto-classification: Denied

    Applicant Name: ????? On 11 April 1994, the separation authority directed that the applicant be discharged with a characterization of service of general under honorable conditions and that it be suspended until 12 June 1994, to allow him a probationary period. 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...

  • ARMY | DRB | CY2008 | AR20080018673

    Original file (AR20080018673.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 18 March 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c (2), AR 635-200, by reason of misconduct-abuse of illegal drugs; in that he wrongfully used marijuana between on or about 071030-071129, with a general, under honorable conditions discharge. On 3 April 2008, the separation authority waived further rehabilitative efforts and directed that the applicant...

  • ARMY | DRB | CY2008 | AR20080005834

    Original file (AR20080005834.txt) Auto-classification: Denied

    Applicant Name: ????? 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 separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.

  • ARMY | DRB | CY2009 | AR20090013725

    Original file (AR20090013725.txt) Auto-classification: Approved

    Facts and Circumstances: The evidence of record shows that on 3 June 2008, 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 wrongful use of marijuana (080125-080224), and dereliction of duty (080225), with a general, under honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this...

  • ARMY | DRB | CY2008 | AR20080003725

    Original file (AR20080003725.txt) Auto-classification: Denied

    Applicant Name: ????? Facts and Circumstances: The evidence of record shows that on 1 February 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—for Commission of a Serious Offense, abuse of illegal drugs (THC) with an entry-level separation (Uncharacterized) discharge. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization...

  • ARMY | DRB | CY2009 | AR20090019581

    Original file (AR20090019581.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 8 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 testing positive for THC (060428 and 030711), with a general, under honorable conditions discharge. On 9 August 2006, the applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted a statement in his...