Application Receipt Date: 060818	

Prior Review    Prior Review Date: None

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

Issues: The applicant states, in effect, that near the end of my 3-year enlistment, I tested positive on a urinalysis for cocaine.  I was due to ETS very shortly at this time, within 75 days if I remember correctly.  Nothing was done about this until 16 January, 2003.  Eight days before ETS date.  I had already started clearing post at this point.  My discharge was rushed through the system to get it done in those eight days.  I had no time to gather evidence and do research to represent myself.  The whole thing was done in a very rushed, shady manner.  I was actually kept past my ETS date by 3 days so that they could complete my "General" discharge.  Enclosed with my permission signature and DD-214 is a full statement I wrote at the time of the discharge on my behalf.  I want to have this discharge upgraded to "Honorable" so because I don't believe the manner in which it was done was proper and I feel I was not afforded proper legal rights.  I also want to go to school for graphic design, and very much need the help of my GI-Bill.  I am ineligible for it with my "General" status.  I have made mistakes in my life, but I want to school myself and be a more productive member of society.
I have no intensions of ever re-enlisting in the military if that is a concern.  I messed that up for myself.  I no longer do drugs, and I just want to go to school and move on with my life.  Thank you for your time.  

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: 030116
Discharge Received:     Date: 030124   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKK
Unit/Location: D Battery, 3rd Battalion, 2nd Air Defense Artillery, 31st Air Defense Artillery Brigade, Fort Bliss, TX  79916 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 001201, Violated a lawful general order, by wrongfully traveling to Juarez, Mexico without a valid written pass or leave form (001017), and wrongfully used cocaine on or about (001013), (Field Grade).

2nd Article 15, 031107, Failed to go to his appointed place of duty (021106), absent from his unit for the entire duty day (021105), failed to obey a lawful order issued by a COL (021105), and wrongfully used cocaine on or between (021106 and 021031), (Field Grade)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  771025  
Current ENL Date: 000127    Current ENL Term: 3 Years  ?????
Current ENL Service: 2 Yrs, 11 Mos, 28 Days ?????
Total Service:  2 Yrs, 11 Mos, 28 Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 14T10 Patriot Missile Crewmember   GT: 107   EDU: GED Certif.   Overseas: Southwest Asia   Combat: Iraq (020227-020915)
Decorations/Awards: AAM (4th Awd), AFEM, ASR
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: See DD Form 293 with attachment.  

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 16 January 2003, 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 (you tested positive for the wrongful use of cocaine on a unit urinalysis that was conduct on 6 November 2002 and 19 October 2000, failure to be at your appointed place of duty, and violating a lawful general order), 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, waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge 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.  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.  Furthermore, the analyst noted the applicant's issue and found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Additionally, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  In view of the foregoing, the analyst determined that 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: 22 August 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 0    No change 5   - Character
		 			      Change 0    No change 5   - 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: N/A
Other: N/A
RE Code:  
Grade Restoration:   No   Yes  Grade: N/A

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 24 August 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060011722

Applicant Name:  Mr.        
______________________________________________________________________


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