Applicant Name:  ?????

Application Receipt Date: 2010/11/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "Before being separated from the US Army in 2005/10/04, I requested a chapter characterization board on which I was granted a discharge upgrade in order for me to reenter the military.  After various attempts, I was informed that I was not able-to reenter the military, it has now been over 4 years and I was informed that I need a discharge (re-code) upgrade in order to reenter the US Army.  Also, ever since my separation from the Armed Forces, I have been an outstanding head of the house, father, and husband, as well as a great employee on every job that I have had after separation, drug free, very good grades from the beginning of my college career, good athlete and a very responsible person, on-time taking initiative and showing great leadership skills."

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: 050318
Discharge Received: 			   Date: 051004   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Abuse of Illegal Drugs)	   RE:     SPD: JKK   Unit/Location: A Co, 6th PO Bn (Abn), Fort Bragg, NC 

Time Lost: Confinement military authority 24 days (050119-050211), result of Summary Court-Martial (050119).

Article 15s (Charges/Dates/Punishment): 040420, Failure to go at the time prescribed to his appointed place of duty (040419), extra duty for 14 days; restriction for 14 days; and Oral Reprimand, Summarized Article 15.

040820, Failure to go at the time prescribed to his appointed place of duty (040716 and 040809), reduction to E2; extra duty for 14 days; restriction for 14 days; and Oral Reprimand, (FG).

041129, Wrongful use of cocaine (041025), reduction to E1; forfeiture of $597.00 pay per month for two months (suspended); extra duty for 45 days: and restriction for 45 days, (FG).

Courts-Martial (Charges/Dates/Punishment): 050119, SCM, Failure to go to his place of duty (050102), disobeying a lawful command from a commissioned officer x 3 (041204, 041205, and 050102), disobeying a lawful written order (041204), breaking restriction x 3 (041204, 041205, and 050102), and underage drinking (041204), confinement for 30 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 030701    Current ENL Term: 03 Years  ?????
Current ENL Service: 	02 Yrs, 02 Mos, 11 Days ?????
Total Service:  		02 Yrs, 02 Mos, 11 Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 92Y10/Unit Supply Specialist   GT: 99   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR, GWOTSM



V.  Post-Discharge Activity
City, State:  Rolling Hills, Cardina, PR
Post Service Accomplishments: The applicant states: "Ever since my separation from the Armed Forces, I have been an outstanding head of the house, father, and husband, as well as a great employee on every job that I have had after separation, drug free, very good grades from the beginning of my college career, good athlete and a very responsible person, on-time taking initiative and showing great leadership skills."

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 18 March 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct—commission of a serious offense for having tested positive for cocaine (041026), which resulted in a Field Grade Article 15 (041129), with an under other than honorable conditions discharge.  He was advised of his rights.  
       
       On 23 March 2005, the applicant consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board, contingent upon his receiving a characterization of service of no less favorable than general, under honorable conditions.  The applicant submitted a statement on his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval with an under other than honorable conditions discharge and disapproval of a waiver of administrative separation board.  
       
       On 16 May 2005, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 6 June 2005, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended the applicant be discharged with issuance of a character of service of general, under honorable conditions.
       
       On 30 August 2005, the separation authority approved the recommendation of the administrative separation board and directed the applicant’s discharge 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, however, a general 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 during the period of enlistment under review, the documents, and the issues he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       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 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 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 fully honorable discharge. 
       
       The applicant contends that his discharge should be upgraded based on his post service accomplishments to include being, drug free, a good student in college, good athlete, a very responsible person, on-time taking initiative and showing great leadership skills.  The analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted. 
       
       The analyst noted the applicant issue about wanting to reenter the military, however, 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.
       
       In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service to include the reentry eligibility (RE) code, 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: 27 July 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, Letter to Congressman [ redacted ], dated 18 September 2009 and 6 October 2009, Order, dated 22 January 2004, Congressional letter, dated 9 November 2010, Document from discharge packet (20 pages), Privacy Act Form, Appontmetn of Veterans Service Organization As Claminant's Representative, DD Form 214 for the period of service under review.

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


































Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20100028376
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