Application Receipt Date: 061024	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: It has been six years since my release, but I served all but two months of my initial four year term.  True, I made a mistake, but I was young and stupid.  I worked for MCI WorldCom from 2000 to summer 2001 when I was laid off.  Since then all I can find is various dead end odd jobs and my wife is forced to support our family.  I recently enrolled in college and thought I at least would have my GI Bill (knowing I already lost my college fund) and I was denied.  I feel six years is long enough to learn my lesson, so please consider this third generation military veteran for another chance at life.

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: 991216
Discharge Received:     Date: 000217   
Chapter: 14-12 C (2)    AR: 635-200
Reason: Misconduct
RE:     SPD: JKK
Unit/Location: A Company, 16th Signal Battalion, 3rd Signal Brigade, Fort Hood, Texas 76544 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 990928, at Fort Hood, TX, between on or about 24 Apr 99 and 24 May 99, wrongfully use a controlled substance, to wit: marijuana.  Reduction to E-1, forfeiture of $480 for  2 months, suspended, to be automatically remitted if not vacated before 27 Dec 99. Extra Duty for 45 days. (Field Grade)

990813, Vacation of Suspension,  Reduction to Private (E2).  In that you did at Fort Hood TX, between on or about 24 Apr 99 and 24 May 99 wrongfully use a controlled substance, to wit: marijuana.
990408, At Fort Hood,Texas, on or about between 8 Feb 99 and 8 Mar 99, wrongfully use a controlled substance, to wit: marijuana.  Reduction to Private First Class (E3), Reduction to Private (E2), suspended, to be automatically remitted if not vacated by 4 Oct 99; forfeiture of $200 pay; 45 days Extra Duty.


Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  
Current ENL Date: 960404    Current ENL Term: 4 Years       
Current ENL Service: 3 Yrs, 10Mos, 14Days      
Total Service:  3 Yrs, 10Mos, 14Days      
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 31R10 (Multichannel Trans Sys OPR)   GT: 110   EDU: HS Grad   Overseas: Korea (961207-971206)   Combat: None
Decorations/Awards: ASR, OSR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 16 December 1999, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct-Second Time Drug Offender, with a general discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 discharge.  On 24 January 2000, 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 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, but a general discharge 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 independent evidence 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 this 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: 12 December 2007              
Location: Washington DC

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 1    No change 4   - 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.  

Case report reviewed and verified by: , Examiner									        

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: 

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 14 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE