Applicant Name:  ?????

Application Receipt Date: 2010/12/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states through counsel: "Mr. Bonet's under other than honorable conditions discharge was inequitable because it was based on three isolated incidents in at least six years of service with no other adverse action.  Mr. Bonet faithfully completed service in two national guard units and served his country as first responder during the September 11th tragedy.  As set forth herein, Mr. Bonet's discharge upgrade should be granted.

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: 030218
Discharge Received: 			   Date: 030322   Chapter: 14-12c       AR: 635-200
Reason: Misconduct 	   RE:     SPD: JKQ   Unit/Location: Det 1 C Btry, 1/258th FA Bn, United States Military Academy, West Point, NY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  25
Current ENL Date: 020514/OAD    Current ENL Term: 365 Days  ?????
Current ENL Service: 	00 Yrs, 10 Mos, 19 Days ?????
Total Service:  		05 Yrs, 06 Mos, 26 Days ?????
Previous Discharges: 	ADT-970930-980312/UNC
                                       ARNG-970827-030826/HD 
                                          (Concurrent and Post-Service)
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 75B10/Personnel Admin Specialist   GT: 112   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, AFRM-w/M Device, ASR

V.  Post-Discharge Activity
City, State:  Richmond Hill, NY
Post Service Accomplishments: Records show that the applicant was discharged from ACTIVE DUTY, and returned to his National Guard Unit where he continued to serve.








VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant's record does not contain the official discharge proceedings; however, the applicant through counsel provided excerpts of his discharge packet.  The information provided reveals that on 18 February 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct—commission of a serious offense for having violated Article 112a, UCMJ, by wrongfully using cocaine on divers occasions between (020526 and 020605) and wrongfully using cocaine between (021223 and 030121), with an under other than honorable conditions discharge.  He was advised of his rights.  
       
       On 18 February 2003, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  
       
       The separation authority's memorandum directing the discharge with a characterization of service of under other than honorable conditions is not available and the analyst presumed government regularity in the discharge process.  
       
       Furthermore, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct, with a characterization of service of under other than honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of JKQ (i.e., misconduct) with a reentry eligibility (RE) code of "3."
       
       The applicant's record contains a CID Report, dated 28 June 2002.

       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 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.
       
       The analyst acknowledges the applicant's accomplishments prior to his discharge and his post-service accomplishments.  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. 
       
       
       In view of the foregoing, the analyst determined that 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: 3 August 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel:  [ redacted ]

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, Statement of Facts and Issues (4 pages), Documents from Military Records to include discharge packet (28 pages), Network Systems Technician Diploma, Document from The [redacted ] Institute-Midtown New York City, Letter from the [ redacted ], Inc and Certificate, Discharge Orders and Certificate, dated 30 August 2005 from the United States Army Reserve, Letters and Certificates from [ redacted ] College, and 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 AR20100029703
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