Applicant Name: ????? Application Receipt Date: 070912 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: "I feel I served my contry for 10 years and deserves the honorable discharge, and i served in OEF and OIF on multiable occasions." II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 060414 Discharge Received: Date: 060825 Chapter: 14-12C(2) AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: HQ, 3rd Inf Div and Fort Stewart, Fort Stewart, GA Time Lost: None Article 15s (Charges/Dates/Punishment): 060203, Wrongfully used cocaine (060106); Reduction to E-4, forfeiture of $911.00 pay per month for two months, suspended (FG). Court-Martials (Charges/Dates/Punishment): ????? Counseling Records Available: Yes No IV. Soldier’s Overall Record Year/Month: 78/02 HOR City, State: Erie, PA Current ENL Date: 040703 Current ENL Term: 6 Years ????? Current ENL Service: 01 Yrs, 09 Mos, 11 Days ????? Total Service: 09 Yrs, 02Mos, 26Days ????? Previous Discharges: RA 010530-040702/HD USMC 960906-000905/HD 010530- Highest Grade: E-5 Performance Ratings Available: Yes No MOS: 92A Automated Logistical GT: 108 EDU: HS Grad Overseas: SWA Combat: Afghanistan (020827-021111); Jordan (030128-030520); Iraq (040124-040303 and 040526-040909) Decorations/Awards: ARCOM (3), USNavy Achievement Medal, AGCM, NDSM, GWOTEM, GWOTSM, ASR V. Post-Discharge Activity Post Service Accomplishments: None listed. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 14 April 2006, the unit commander notified the Applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct commission of a serious offense for wrongful use of cocaine on or about 6 January 2006, with an under other that honorable conditions discharge. The Applicant was advised of his rights, consulted with legal counsel, was advised of the impact of the discharge action, and voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions 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 commander reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable conditions discharge. On 15 August 2006, 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 general, under honorable conditions. The record contains a CID Report of Investigation dated 26 June 2006. 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 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 he submitted, 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 special trust and confidence placed in a non-commissioned officer (NCO). The Applicant, as a NCO, 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 his misconduct diminished the quality of service below that meriting a fully honorable discharge. 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: 11 July 2008 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change 0 No change 5 - Character Change 0 No change 5 - Reason (Board member names available upon request) IX. 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. X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 11 July 2008 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20070009650 ______________________________________________________________________ Page 1 of 4 pages