Application Receipt Date: 070828	

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached DD Form 293 and supporting documents.

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: 070430
Discharge Received:     Date: 070530   
Chapter: 14    AR: 635-200
Reason: Misconduct (Drug Abuse)
RE:     SPD: JKK
Unit/Location: B Company, 96th Aviation Support Battalion, 101st Airborne Division (Air Assault), Fort Campbell, KY  42223 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070330/Wrongful use of marijuana/(Field Grade)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:   
Current ENL Date: 020919    Current ENL Term: 06 Years  ?????
Current ENL Service: 04 Yrs, 08Mos, 12Days ?????
Total Service:  04 Yrs, 08Mos, 12Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 15J10 (OH-58D Armament/Electronics/Avionics Repairer)   GT: 129   EDU: HS Grad   Overseas: Korea, Southwest Asia   Combat: Iraq (050901-060820)
Decorations/Awards: ARCOM, AAM (2d Award), AGCM, NDSM, GWOTSM, KDSM, ICM, ASR, OSR (2d Award), OSR (2d Award).
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 30 April 2007, 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 abuse of illegal drugs (received a Field Grade Article 15 for wrongfully using marijuana, a controlled substance), with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant waived legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, 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 May 2007, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
      
      DA Form 3822-R (Report of Mental Status Evaluation) dated 25 January 2007, submitted by the applicant states in the remarks section that the applicant was diagnosed with Adjustment Disorder with Mixed Anxiety and Depressed Mood.  The psychiatrist recommended that the applicant be separated from the military per Chapter 5-17, and that the applicant was previously recommended for a Chapter 5-17, but his unit apparently lost the original evaluation completed by the undersigned (psychiatrist).
      
      DA Form 3822-R (Report of Mental Status Evaluation) dated 2 March 2007, found in the applicant's records states in the remarks section that the applicant was diagnosed with Adjustment Disorder with Mixed Anxiety and Depressed Mood.  The applicant was cleared for any administrative action deemed appropriate by the command and he was competent to make decision regarding legal, medical and financial matters. 
      
      The applicant was issued a Bar to Reenlistment Certificate on 22 March 2007 for the wrongful use of a controlled substance (THC).

      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 a careful review of all the applicant’s military records, documents, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s 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.  By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  Furthermore, the analyst noted the applicant's issue 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. In view of the foregoing, the analyst determined the reason for discharge and the characterization of service were both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 15 November 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 ?????    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:  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: 16 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE