Application Receipt Date: 2008/02/15	

Prior Review    Prior Review Date: None

I.  Applicant Request
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?  
Yes    No        Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 061215
Discharge Received:     Date: 070112   
Chapter: 14-12C(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)
RE:     SPD: JKK
Unit/Location: C Co, 2-325 IN, Fort Bragg, NC 

Time Lost: Confined Military Authorities, 24 days (060328-060420), AWOL 6 days (060831-060905), total time lost 30 days

Article 15s (Charges/Dates/Punishment): 050830, wrongful use of cocaine (050803-050810), reduction to E-1, forfeiture of $617 x 2 (FG)

061212, AWOL (060831-060906), violation of a lawful general order (021205), wrongful possession of marijuana (060905), forfeiture of $636 (suspended), 45 days extra duty and restriction (FG)

Court-Martials (Charges/Dates/Punishment): 050815, SCM, wrongful use of cocaine, reduction to E-1, forfeiture of $849, confinement for 30 days 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  781107  
Current ENL Date: 040318    Current ENL Term: 5 Years  ?????
Current ENL Service: 02 Yrs, 08Mos, 27Days ?????
Total Service:  02 Yrs, 08Mos, 27Days ?????
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes    No 
MOS: 11B1P/Infantryman   GT: 102   EDU: 3 YR COLL   Overseas: SWA   Combat: Iraq x 2 (041207-050328 and 050901-051229)
Decorations/Awards: ARCOM with V device, NDSM, GWOTSM, GWOTEM, ICM, ASR, CAB
V.  Post-Discharge Activity
Home of Record: 
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 15 December 2006, 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 having received two Field Grade Articles 15 (050830 and 061212) for wrongful use of cocaine, for being AWOL, for wrongful possession of marijuana, and for violation of a lawful general order, and for having been convicted by a Summary Court Martial (060515) for wrongful use of marijuana, 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, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions 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 an under other than honorable conditions discharge.  On 15 December 2006, 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 issue and independent evidence he submitted related to his diagnosis of PTSD, the analyst determined that the discharge was both proper and equitable.  The analyst acknowledges the applicant's successful combat tours in Iraq, 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.  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.  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: 11 April 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, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, voted to deny relief.





















Case report reviewed and verified by: Alejandro Champin, Examiner									        
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: 14 April 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080002742

Applicant Name: 
______________________________________________________________________


Page 1 of 6 pages