Applicant Name: ?????

Application Receipt Date: 2007/07/03	

Prior Review    Prior Review Date: None

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

Issues: "I believe my discharge should be changed for three main reasons. First, I feel that the punishment I received exceeded the penalty of the infraction, namely my Reentry Code. I fully understood the scrutiny surrounding possible excuses explaining a Urinalysis failure but unfortunately my situation did occur as such. I tested positive for marijuana in my system because the morning prior I had unintentionally inhaled said drug under the guise of a store purchased cigar from some men I conversed with outside of a local nightspot. It was early morning and I was the Designated Driver for the prior evening's activities. A conversation was struck about a rare style of shoe that I was wearing. I was waiting for friends to finish their business and realized I was out of cigarettes. One of the men offered me a few drags of his cigar. After I inhaled I immediately returned it, exchanged goodbye's and left to gather my friends. I felt shame toward my lack of better judgment and failed to inform my superiors of my mistake. I received a General, Under Honorable Conditions yet my Reentry Code of a 4 prevents me from making amends. Second, my only wrongdoing was failing to inform my superiors. I feel as though my Characterization of Discharge paints me unfairly as a drug abuser which is not the case at all, having explained the situation leading up to said failed Urinalysis. Third, I have the support of my former CSM, CSM Brooks who is currently serving in Afghanistan. I feel that this is important to mention because I worked directly for him while pending chapter. He has graciously written me a recommendation while performing his duties in a combat zone. To me this symbolizes a belief in me as a hardworking Paratrooper who caught a bad break and is trying to make amends for his mistake. In the time since I was discharged, I am holding down a steady job at UPS while attending Prairie State College full time and maintaining a B average. I also care for my father who is a diabetic. If you do not see fit to grant me an Honorable Discharge, I only ask that you see fit to upgrade my Reentry Code to allow me entrance back into the United States Army so that I may show and prove, not only to myself, but to those who have doubted me. Thank you."

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: 060918
Discharge Received:     Date: 061102   
Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)
RE:     SPD: JKK
Unit/Location: HHC, Special Troops Bn, Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060315, wrongful use of marijuana (060128-060227), failure to report x 4 (050227, 051216 x 2, 060227), and disobeying a lawful order from an NCO (060227), reduction to E-1, forfeiture of $640 x 2, 45 days extra duty and restriction (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  8307  
HOR City, State: Dolton, IL
Current ENL Date: 030422    Current ENL Term: 4 Years  ?????
Current ENL Service: 03 Yrs, 06Mos, 11Days ?????
Total Service:  03 Yrs, 06Mos, 11Days ?????
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes    No 
MOS: 42L1P/Admin Spc   GT: 113   EDU: HS   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR, PB

V.  Post-Discharge Activity
Post Service Accomplishments: Has a steady job with UPS, attends college, and cares for his father who is diabetic.  

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 18 September 2006, 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 wrongful use of marijuana (060128-060227) for which he received a field grade article 15, 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 submitted 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 4 October 2006, 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, however, a general under honorable conditions or an honorable discharge may be granted.  

      c.  Response to Issues, Recommendation and Rationale:  
      After carefully examining the applicant’s record of service during the period of enlistment under review and the issue and documents he submitted, the analyst 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 analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined in his application and/or in the documents with his application.  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.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” can not be waived and the applicant is no longer eligible for reenlistment.  In view of the foregoing the analyst determined that the characterization of service and reason for discharge 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: 27 June 2008              
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 and voted to deny relief.  

								        
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: 30 June 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070009433
______________________________________________________________________


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