Application Receipt Date: 060426	

Prior Review    Prior Review Date: None

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

Issues: The applicant states, in effect, that his discharge was unfair due to not being afforded the proper rehabilatation.  He was discharged for misconduct(drug abuse).that was the first time he has been in any trouble in my short career.  He was not offered any help, and felt that he was just hurried out of the military.  He began clearing a week before my article 15 hearing where he was given the max from my whole chain of command.  He was in the process of going to the promotion board and sapper school in the next few months.  He reenlisted in Iraq in april 05.  He thinks that the way that his chain of command handeled the situation was very unprofessional and im prepared to take my case to a higher level if this cant get settled here. He has numerous documents that show how they mishandled my seperation.  They asked me a week after my article 15 hearing if he wanted to stay in,but he refused after the way he was treated by his chain of command.  He did not want to stay with them and go back to Iraq .  Like he said, he was discharged for drug abuse,and he was not given the proper chance to rehabilitate or any chance for that matter. He was just made out to be a piece of crap and they didnt want me in their army anymore.  Mind you, they just handed me a good conduct medal a few days before all of this happened.  There should have been more done to try to retain me not just kick me out as soon as he make one mistake.  He just want the chapter codes changed and the drug abuse to disappear because he can't get a job out here  

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: 051202
Discharge Received:     Date: 051227   
Chapter: 14    AR: 635-200
Reason: Misconduct-Drug Abuse
RE:     SPD: JKK
Unit/Location: A Company, 44th Engineer Battalion, Fort Carson, CO  80913 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 051115, Wrongfully used amphetamines/methamphetamines on or about (051009-051017); (Field Grade)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  750729  
Current ENL Date: Reenl/050426    Current ENL Term: 5 Years  ?????
Current ENL Service: 0 Yrs, 8 Mos, 2 Days ?????
Total Service:  3 Yrs, 2 Mos, 26 Days ?????
Previous Discharges: RA-021002-050425/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 21J10 General Construction Equip Oper   GT: NIF   EDU: HS Grad   Overseas: Korea, Southwest Asia   Combat: Kuwait/Iraq (040808-050801)
Decorations/Awards: GCMDL, NDSM, KDSM, GWOTSM, Iraq Campaign Medal, ASR
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 1 December 2005, 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 (tested positive for amphetamines and ecstacy), 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.  On 5 December 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged 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, 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, 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.  Therefore, the reason for discharge and the characterization of service remains both proper and equitable.   
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 28 February 2007              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: N/A

Witnesses/Observers: N/A 

Exhibits Submitted: N/A




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
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, voted to deny relief.   
























Case report reviewed and verified by: Mr. Ron Williams, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: None
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 9 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060006030

Applicant Name:  Mr.        
______________________________________________________________________


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