Applicant Name: ????? Application Receipt Date: 2008/05/23 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The Applicant states in effect: "I believe my discharge and reentry code should be changed because I know that I have learned a very valuable lesson. I loved being apart of the military, I think I was a very good soldier and had alot to offer the army. I don't have any excuse for my actions, the were dishonoralbe to myself, my family, and most of all, the Army. After returning from Iraq, I let my problems get the best of me. Instead of turning to my unit for help, I took the wrong actions that eventually ended my career. There isn't a day that goes by that I don't regret my actions. I am now trying to re-enlist in the National Gaurd and I would love the opertunity to show that I have changed and that I am 100% on bourd to serve honerably. In conclusion, I feel that if you change my discharge and my reentry level from a 4 to a 3, I have no doubt in my mind that I will serve my country honorably." 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: 040920 Discharge Received: Date: 041116 Chapter: 14-12c(2) AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: 57th Med Air Ambl Co, Fort Bragg, NC Time Lost: None Article 15s (Charges/Dates/Punishment): 040406, wrongful use of marijuana (040224-040302), reduction to E-2, forfeiture of $596 x 2 (suspended), 30 days restriction, 45 days extra duty (FG) 040614, wrongful use of marijuana (040429-040514), forfeiture of $500 x 2, 45 days extra duty and restriction (FG) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 19 Current ENL Date: 000203 Current ENL Term: 6 Years ????? Current ENL Service: 04 Yrs, 09Mos, 14Days ????? Total Service: 04 Yrs, 09Mos, 14Days ????? Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 15T10/UH-60 Hel Rpr GT: 105 EDU: GED Overseas: SWA Combat: Iraq (030502-030929) Decorations/Awards: ARCOM, AAM-2, AGCM, NDSM, GWOTEM, GWOTSM, ASR V. Post-Discharge Activity City, State: Helena, Montana Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 20 September 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph14-12c(2), AR 635-200, by reason of misconduct—for abuse of illegal drugs in that he wrongfully tested positive for marijuana on two occasions (040303 and 040514), with a general under honorable conditions discharge. He was advised of his rights. The applicant’s election of rights is not contained in the available record and the analyst presumed government regularity. The applicant would have consulted with legal counsel, and advised of the impact of the discharge action. 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 7 October 2004, 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, 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: 11 March 2009 Location: Washington, D.C. 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: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080008359 ______________________________________________________________________________ Page 1 of 3 pages