Application Receipt Date: 061208	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and documents submitted by the Applicant.

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: 040803
Discharge Received:     Date: 040818   
Chapter: 14-12C(2)    AR: 635-200
Reason: Misconduct
RE:     SPD: JKK
Unit/Location: CO B, 2nd BN, 2nd IN DIV, Germany 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040626, wrongfully use THC a Schedule I controlled substance, reduction to E1, $597 X 2, 45 days restriction(suspended) and 45 days extra duty.(FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  690415  
Current ENL Date: 020729    Current ENL Term: 3 Years  6 months
Current ENL Service: 2 Yrs, 06Mos, 00Days      
Total Service:  2 Yrs, 06Mos, 00Days      
Previous Discharges: RA 020219-020728/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 122   EDU: GED   Overseas: Germany, Iraq   Combat: Iraq (030409-040123)
Decorations/Awards: NDSM, ASR, CIB, GWOTEM, GWOTSM
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: Claims he has obtained US citizenship, is employed by the US Postal Service and is enrolled a a community college.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 8 August 2004, 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, wrongful use of marijuana, a scheduled I controlled substance with a general under honorable conditions 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 under honorable conditions discharge.  The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable conditions discharge.

      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 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, the analyst noted the applicant's issues and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  Furthermore, the analyst noted the applicant issue that his offenses were minor and isolated.  However, the analyst concluded that the applicant committed discrediting offenses of the same nature on two different occasions within a one month period, which constituted a departure from the standards of conduct expected of soldiers in the Army.  Having examined all the circumstances, the analyst determined that the applicant's repeated incidents of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  These incidents of misconduct clearly diminished the quality of the applicant's 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" can not be waived and the applicant is no longer eligible for reenlistment. The analyst noted that the applicant does have a documented diagnosis of PTSD and is receiving assistance from the Veteran's Administration for his PTSD.  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:                    
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          No change         - Character
		 			      Change          No change         - Reason
					      (Board member names available upon request)

IX.  Board Discussion, Determination, and Recommendation

Case report reviewed and verified by: Chuck Busick, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to:      
Other:      
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:      
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060016809

Applicant Name:  Mr.         
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