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ARMY | DRB | CY2008 | AR20080000533
Original file (AR20080000533.txt) Auto-classification: Denied
Applicant Name:  ?????

Application Receipt Date: 071213	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 149 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: 001103
Discharge Received: 			   Date: 001204   Chapter: 14       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: 32nd AAMDC, Fort Bliss, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): The unit commander's notification memorandum shows that the applicant received a Field Grade Article 15 for testing positive for cocaine on (000807).  He was reduced to E-3, forfeiture of $667 x 1, 45 days extra duty and 45 days restriction.  However, this document is not part of the available record.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 961217    Current ENL Term: 5 Years  ?????
Current ENL Service: 	03 Yrs, 11Mos, 18Days ?????
Total Service:  		06 Yrs, 05Mos, 18Days ?????
Previous Discharges: 	RA-940617-961216/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 14J10 Early Warning System Operator   GT: NIF   EDU: 11 Years   Overseas: Southwest Asia   Combat: Southwest Asia (980217-980624)
Decorations/Awards: AAM, AGCM, AFEM,  ASR,  

V.  Post-Discharge Activity
City, State:  Cotton, CA
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 1 November 2000, 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 (000807); received a Field Grade Article 15, reduced to E-3, forfeiture of $667 x 1, 45 days extra duty and 45 days restriction, with a general, under honorable conditions discharge.  He was advised of his rights.  On 3 November 2000, the applicant consulted with legal counsel, voluntarily waived consideration of his case by an administrative separation board, contingent upon his receiving a characterization of service of no less favorable than a general, under  honorable conditions discharge.  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.  The senior commander recommended approval of the conditional waiver request, waived further rehabilitative efforts with a general, under honorable conditions discharge.  On 29 November 2000, the separation authority approved the conditional waiver request, 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, but a general discharge 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 issues he 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 his service below that meriting a fully honorable discharge.  Furthermore, the analyst noted the applicant 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.  In view of the foregoing, the analyst determined that 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: 22 October 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: No Change
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080000533
______________________________________________________________________________


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