Applicant Name: ?????

Application Receipt Date: 2007/10/01	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and supproting documents 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: 030313
Discharge Received:     Date: 030416   
Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct
RE:     SPD: JKK
Unit/Location: HHC, 2-69 AR (Rear), Fort Benning, GA 

Time Lost: 35 days, AWOL (021222-030125), mode of return unknown.

Article 15s (Charges/Dates/Punishment): 021115, wrongful use of D-Methamphe- tamine (020926-020930), forfeiture of $552 x 2, 45 days extra duty and restriction (FG)

020610, wrongful use of cocaine (020225-020325), reduction to E-1, forfeiture of $552 x 2, 45 days extra duty and restriction (FG)

Court-Martials (Charges/Dates/Punishment): 030228, SCM, AWOL 021222-030125), wrongful use of methaphetamines, amphetamines, and marijuana  (021014-021114), wrongful use of methamphetamines (021020-021028), wrongful use of marijuana (021001-021024), forfeiture of $767, confinement for 30 days

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  1998/09  
HOR City, State: Hartford, AL
Current ENL Date: 010424    Current ENL Term: 3 Years  ?????
Current ENL Service: 01 Yrs, 10Mos, 18Days ?????
Total Service:  05 Yrs, 02Mos, 28Days ?????
Previous Discharges: IADT 990608-990807/UNC
Highest Grade: E-5
Performance Ratings Available: Yes    No 
MOS: 19K10/M1 Armor Crewman   GT: 117   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
Post Service Accomplishments: Attending community college, transferred on a scholarship of merit to University of Alabama, attained Associate of Science Degree.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 13 March 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—for being AWOL, for wrongful use of marijuana x 2, for wrongful use of methamphetamines x 3, for wrongful use of amphetamines x 2, and for wrongful use of cocaine, with an under 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, 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 commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 2 April 2003, 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 independent evidence] 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 special trust and confidence placed in a non-commissioned officer (NCO).  The applicant, as a NCO, 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 his misconduct 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 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.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  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.  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: 30 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 2    No change 3   - 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: 31 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070013565
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