Applicant Name:  ?????

Application Receipt Date: 2011/10/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I have seen the error in my ways, and fully understand how my actions could have affected the Soldiers in my unit.  I have brought shame on not only myself, but my unit and more importantly my family.  I do; however, feel that up until this unfortunate event I served honorably and was only a few months from fulfilling my obligation.  Thank you for your consideration, and I understand that this is a privilege."

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: 030305
Discharge Received: 			   Date: 030314   Chapter: 14-12c(2)      AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: C Battery, 1st Battalion, 377th Field Artillery Regiment, Fort Campbell, Kentucky  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 020107, wrongfully used marijuana (020329 – 020429); reduction to E-1; forfeiture of $552.00 pay per month for 2 months; extra duty for 45 days; and restriction for 45 days; suspended; to be automatically remitted if not vacated before (020907); (FG).

030219, wrongfully used marijuana (021207 – 030106); reduction to E-1; forfeiture of $757.00 pay per month for two months; and extra duty for 45 days; (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 990908    Current ENL Term: 4 Years  ?????
Current ENL Service: 	3  Yrs, 6 Mos, 7 Days ?????
Total Service:  		3  Yrs, 6 Mos, 7 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 13D10 Field Artillery Tactical Course   GT: 114   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AAM x 2, AGCM, NDSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None






VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 5 March 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 testing positive for marijuana twice (020429) and (030106); and subsequently receiving a Field Grade Article 15 , with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       The applicant's election of rights is not contained in the available record and the analyst presumed government regularity in the discharge process.  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 of the separation with a general, under honorable conditions discharge.  
       
       On 6 March 2003, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The record contains a synopsis of treatment letter dated, 21 February 2003.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 of this regulation 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 issue and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade to the applicant's characterization of discharge.  
       
       The analyst determined that the applicant’s discharge was appropriate because his quality of service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  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 his quality of 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 remorse and his acknowledgment of his misbehavior; and considered the quality and overall length of his service during the enlistment under review.  However, this was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct and the documented actions under Article 15 of the Uniformed Code of Military Justice.  Pertinent Army regulations clearly recommend that Soldiers with more than one positive test for illicit chemicals, or Soldiers with more than three years active duty who test positive just once, should be processed for separation. 
       
             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: 25 April 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 and a DD Form 214.

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.  

Further, notwithstanding the propriety of the applicant's discharge, the Board determined that block 27, re-entry code, was incorrectly entered as "3" and voted to administratively correct the applicant's re-entry code to reflect "4." 
        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 2    No change 3
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: No Change
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary RecorderLegend:
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 AR20110020818
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