Applicant Name:
Application Receipt Date: 2012/11/05 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 of his discharge to honorable. He contends his chances of obtaining a government or a civilian contractor position are not good due to the discharge he received.
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: 060912
Discharge Received: Date: 061222 Chapter: 14-12c AR: 635-200
Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: B Co, 122nd Aviation Support Battalion, Fort Bragg, NC
Time Lost: None
Article 15s (Charges/Dates/Punishment): 060310, wrongfully used cocaine (060214-060221); reduction to E-1, forfeiture of $637 pay x 2 months (suspended), extra duty for 45 days 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: 24
Current ENL Date: 040316 Current ENL Term: 04 Years ?????
Current ENL Service: 02 Yrs, 08 Mos, 07 Days ?????
Total Service: 02 Yrs, 08 Mos, 07 Days ?????
Previous Discharges: None
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 94Y1P Integrated Family Test Equipment Operator/Maintainer GT: 105 EDU: Associate's Degree Overseas: None Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR
V. Post-Discharge Activity
City, State:
Post Service Accomplishments: The applicant stated in his application he received a Federal
Communications Commission (FCC) General Radiotelephone Operator License, his primary Aircraft Electronics Technician and Fiber Optics Technician and Installer Certificates.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 12 September 2006, 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-abuse of illegal drugs offense for wrongfully using cocaine (060214-060221), the unit commander recommended he be retained; however, if separated he recommended a general, under honorable conditions discharge. He was advised of his rights.
On 12 September 2006, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board (although he was not entitled to a board) and did not indicate if a statement was submitted 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 action and recommended approval with a general, under honorable conditions discharge.
On 30 October 2006, the separation authority waived further rehabilitation and 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 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 during the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.
The analyst concluded 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. 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 his service below that meriting an honorable discharge.
The applicant contends his chances of obtaining a government or a civilian contractor position are not good due to the discharge he received. The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
The analyst acknowledges the applicant's successful transition to civilian life and noted the accomplishments outlined with the application and in the documents with the application. However, in review of the applicants entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.
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: 1 April 2013 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: DD Form 293, dated (121026); Memorandum, Summary of Rehabilitation Efforts, dated (060728); nine (9) Character Statements/Recommendations, dated (120614, undated,undated, 120710, undated, 060720, 060920, 060920, 060720); Certificate, Fiber Optics Technician, undated; Certificate, Fiber Optics Installer, undated; General Radiotelephone Operator License, dated (120912); Aircraft Electronics Technician ID Card, dated (120719); Aircraft Electronics Technician Certification, dated (120719); and a DD Form 214, dated (061122).
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 Discussion and Recommendation which follows, the Board determined the discharge to be 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: None
XI. Certification Signature
Approval Authority:
ARCHIE L. DAVIS III
Colonel, U.S. Army
President, Army Discharge Review Board
JOSEPH M. BYERS
Lieutenant Colonel, U. S. Army
Secretary Recorder
?
Legend:
AMHRR - Army Military Human Resource Record FG - Field Grade IADT Initial Active Duty Training RE - Reentry
AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial
BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial
CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge
CID - Criminal investigation Department MP Military Police OMPF - Official Military Personnel File UOTH - Under Other Than Honorable
Conditions
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20120020586
______________________________________________________________________________
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