Applicant Name: ?????
Application Receipt Date: 2012/05/04 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, in effect, that he requests an upgrade to his discharge. He states he would like a chance to show that he has learned from his mistakes and he wants to become a more productive member of society.
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: 110920 Chapter: 14-12c(2) AR: 635-200
Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: Forward Support Company, 62nd Engineer Battalion, 36th Engineer Brigade, Fort Hood, TX
Time Lost: None
Article 15s (Charges/Dates/Punishment): 110120,failure to go at the time prescribed to his appointed place of duty (110120), 14 days extra duty, 14 days restriction (Summarized).
110506, wrongful possession of spice (100329), reduction to E-1, forfeiture of $733 x 2 months (suspended), 45 days extra duty, 45 days restriction (FG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 100412 Current ENL Term: 3 Years 25 weeks
Current ENL Service: 01 Yrs, 05 Mos, 09 Days ?????
Total Service: 01 Yrs, 05 Mos, 09 Days ?????
Previous Discharges: None
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 91H10/Tracked Vehicle Repairer GT: 115 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM, ASR
V. Post-Discharge Activity
City, State:
Post Service Accomplishments: None
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(2), AR 635-200, by reason of misconduct (Commission of a Serious Offense) for wrongful use of a prohibited substance (110330), with a general, under honorable conditions discharge. He was advised of his rights.
On 19 August 2011, the applicant waived his rights to consult with legal counsel; however, his attorney provided a memorandum on his behalf. The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.
On 29 August 2011, the separation authority directed the applicants discharge 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 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 being absent 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 which would merit an upgrade of the applicant's discharge.
The analyst determined that the applicants discharge was appropriate because the quality of his 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 the former Soldiers service below that meriting a fully honorable discharge.
The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicants service mitigated the misconduct or poor duty performance.
Furthermore, the analyst noted the applicant's issues about his desire to have better opportunities and become a more productive member of society. However, the Board does not grant relief solely for the purpose of employment opportunities.
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: 28 September 2012 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: DD Form 149, dated 3 May 2012, DD Form 214.
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
Board Vote:
Character - Change 0 No change 5
Reason - Change 0 No change 5
(Board member names available upon request)
X. Board Action Directed
Issue a new DD Form 214
Change Characterization to:
Change Reason to: No Change
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
XI. Certification Signature
Approval Authority:
ARCHIE L. DAVIS III
Colonel, U.S. Army
President, Army Discharge Review Board
BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder
Legend:
AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial
BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial
CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge
DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable
FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20120009015
______________________________________________________________________________
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