Applicant Name:  ?????

Application Receipt Date: 071025	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents submitted by the applicant.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 021127
Discharge Received: 			   Date: 030115   Chapter: 14       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: HHD, 27th MSB, Fort Hood, TX  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 011106, Wrongful use of cocaine between (010821 and 010921), reduction to E-1, forfeiture of $521.00 pay per month for two months, and 45 days restriction, (FG).

021009, Wrongful use of cocaine between (020810 and 020910), reduction to E-1, forfeiture of $552.00 pay per month for two months, 45 days restriction and 45 days extra duty, (FG).

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 990722    Current ENL Term: 04 Years  ?????
Current ENL Service: 	03 Yrs, 05Mos, 24Days ?????
Total Service:  		03 Yrs, 05Mos, 24Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 54B10/Chemical Operations Specialist   GT: 112   EDU: HS Grad   Overseas: None   Combat: (The applicant makes reference to having served in Kuwait, however, the available records does not support this claim).
Decorations/Awards: AAM, AGCM, NDSM, ASR (The applicant makes reference to having received 3 AAM's, however, the available records does not support this claim).

V.  Post-Discharge Activity
City, State:  Machesney Park, IL
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 27 November 2002, 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 for testing positive for cocaine X 2 (010921 and 020910), with a general, under honorable conditions discharge.  She was advised of her rights.  The applicant waived legal counsel, was advised of the impact of the discharge action, waived consideration of her case by an administrative separation board, and did not submit a statement in her own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The separation authorities approval memorandum waiving further rehabilitative efforts and directing that the applicant be discharged with a characterization of service of general, under honorable conditions is not part of the available record and the analyst presumed Government Regularity in the discharge process.  On 15 January 2003, Orders 015-0237, DA, HQ, III Corps and Fort Hood, Fort Hood, TX, discharged the applicant from the Regular Army, effective date: 15 January 2003. 

       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 a careful review of all the applicant’s military records during the period of enlistment under review and the issue she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  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 her 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 issues 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.  Additionally, the correction that the applicant requests to be made to her DD Form 214,(i.e. tour in Kuwait, and award of 3-AAM's), does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 or apply online at http://actsonline.army.mil, regarding this matter.  In view of the foregoing, 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 September 2008         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  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.






        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
								         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: NA
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070015157
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