Application Receipt Date: 2006/09/22	

Prior Review    Prior Review Date: None

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

Issues: See DD 293 and attachments submitted by the applicant

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: 990811
Discharge Received:     Date: 990924   
Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct
RE:     SPD: JKK
Unit/Location: U.S. Army, Medical Department Activity, Fort Carson, CO 80913 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 
990519, Field Grade, marijuana use (990309-990409), reduced to E-3, $558 for 2 months (suspended), 45 days extra duty, 45 days restriction

990728 Field Grade, marijuana use (990507-990607), reduced to E-1, $479 for two months, 45 days extra duty, 45 days restriction

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  750117  
Current ENL Date: 970515    Current ENL Term: 4 Years  ?????
Current ENL Service: 02 Yrs, 04 Mos, 10 Days ?????
Total Service:  02 Yrs, 04 Mos, 10 Days ?????
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 91B10/Medical Specialist   GT: 103   EDU: HS   Overseas: None   Combat: None
Decorations/Awards: 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:
The evidence of record shows that on 11 August 1999, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct for use of marijuana two times (positive urinalysis 990309-990409 and again 990507-990607), with an other than 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 submitted a statement in his own behalf and requested an administrative separation board.  On 30 August 1999, the applicant was notified to appear before an administrative separation board, and advised of his rights.  The applicant after being informed of the specifics of the board submitted an unconditional waiver (990824) to the administrative separation board.  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 an other than honorable conditions discharge.  On 8 September 1999, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than 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, supporting documents, 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 determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.   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: 26 October 2007              
Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA




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.  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 service below that meriting a fully honorable discharge.  The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

Case report reviewed and verified by: Alejandro Champin, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: NA
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON			DATE: 31 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060013473

Applicant Name:  Mr.        
______________________________________________________________________


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