Applicant Name: ?????

Application Receipt Date: 2007/09/17	

Prior Review    Prior Review Date: None	

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

Issues: “I don’t have any papers to prove I was right doing what I did.  I made a mistake.  I am clean and plan on staying that way.  I wanna serve my country.  I know I already had a chance to do that and I messed it up.  I believe everyone deserves a second chance. I just wanna be able to reenlist.  At the very least plz consider changing my reenlistment code.  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: 070409
Discharge Received:     Date: 070424   
Chapter: 14-12c      AR: 635-200
Reason: Misconduct (Drug Abuse)
RE:     SPD: JKK   
Unit/Location: A Co, 82d Chem Bn, 3d Chem Bde, FT Leonard Wood, MO 

Time Lost: None	

Article 15s (Charges/Dates/Punishment): 070224, wrongful use of marijuana, forfeiture of $650.00 x 2 mos, 45 days restriction and 45 days extra duty. (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  8812  
HOR City, State: Shamokin, PA
Current ENL Date: IADT/ 060727    Current ENL Term:      Years  20 weeks
Current ENL Service:   00  Yrs,  08 Mos,  28Days  Applicant ordered to Individual Active Duty for Training (IADT) for 20 weeks effective 060727. 
Total Service:    00  Yrs,  08 Mos,  28Days ?????
Previous Discharges: USAR 060712-060726 NA
Highest Grade:   E1  
Performance Ratings Available: Yes    No 
MOS: None	   GT:  101   EDU:  HS Grad    Overseas: None    Combat: None	
Decorations/Awards: None	

V.  Post-Discharge Activity
Post Service Accomplishments: None	 listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 20 March 2007, 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 having tested positive for marijuana during a urinalysis conducted on 4 January 2007, 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, unconditionally waived his right to an administrative separation board, 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 17 April 2007, 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 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.  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.  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: 17 July 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: 18 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070012947
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