Applicant Name:  ?????

Application Receipt Date: 080109	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached document 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: 071007
Discharge Received: 			   Date: 071211   Chapter: 14       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: HHC, 2-8 AR Bn, Fort Hood, TX 

Time Lost: Confinement/Military Authorities for 22 days (070903-070925), as a result of the applicant's summary court-martial sentence. 

Article 15s (Charges/Dates/Punishment): 060802, wrongfully used cocaine between (060517-060617), reduced to E-1, forfeiture of $636 x 2 (suspended), restriction and extra duty for 45 days, and orally reprimanded (FG).

060821, suspension of punishment of forfeiture of $636 x 2 was vacated for new offense, failure to report (060810), disrespectful in language towards a SGT (060809), and dereliction of duty  (060809). 

060801,failure to report (060810), disrespectful in language towards a SGT (060809), and dereliction of duty  (060809), forfeiture of $297 (suspended), restriction and extra duty for 14 days (suspended), and orally reprimanded (CG).

070719, wrongfully wearing a tongue ring while in uniform (070614), however, this document is not part of the available record. 

Courts-Martial (Charges/Dates/Punishment): 070902, SCM, failure to report (070724), disrespect towards an officer (070724), assaulted an NCO (070724), dereliction of duty (070724), violated a lawful general order (070724), resisted apprehension (070724), and wrongfully communicated a threat towards a CPT x 3  (070724), (070724), and (070724), reduction to E-1, forfeiture of $934, and confinement for 30 days.  

060928, SCM, made false official statements to the MPs x 2 (dates NIF), and broke restriction (060901), forfeiture of $849 x 1 and confinement for 30 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 050824    Current ENL Term: 3 Years  16 Weeks
Current ENL Service: 	02 Yrs, 02Mos, 25Days ?????
Total Service:  		02 Yrs, 02Mos, 25Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 13F10 Fire Support Spec   GT: 120   EDU: GED Cert   Overseas: Southwest Asia   Combat: Iraq (061101-071115)
Decorations/Awards: NDSM, ICM, GWOTSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Brandon, MS
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 7 October 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-commission of a serious offense for  receiving a Summary Court-Martial (070902), for failure to report, disrespect towards an officer, assaulted an NCO, dereliction of duty, consuming alcohol, resisted apprehension, and wrongfully communicated a threat towards a CPT x 3  (070724); received a Company Grade Article 15 (070719), for  wearing a tongue ring while in uniform (070614); received a Summary Court-Martial (060928), made false official statements to the MPs x 2, and and broke restriction (060901); received a Company Grade Article 15 (060829), for failure to report (060810), disrespecting a  SGT (060809), and dereliction of duty (070809); and received a Field Grade Article 15 (070802), for using cocaine (060517), 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, waived consideration of his case by 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 and senior intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 23 October 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than 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, the issues and document 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 general, under honorable conditions discharge.  Furthermore, the analyst noted the applicant issue; however, the record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that his discharge was the result of any medical condition.  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: 5 November 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 2    No change 3
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 AR20080000625
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