Applicant Name:  ?????

Application Receipt Date: 2008/02/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states, "My discharge should be changed due to the following: 1. I realize that I did fail a urine test, and yes i did try cocaine, but that was the one and only time I ever tried it. I just got home from Iraq, after a year of deployment, and made a bad decision at a welcome home party. 2. I was, and always will be a faithful, and loyal soldier. You can check my background. Up until this one mistake, I always toe'ed the line, did what I was told, no questions asked. I love my country, and to this day, even after all that happened, still love the Army, and would love to be able to rejoin it's ranks. 3. I was never offered, or received any substance abuse counseling. I was just told, "You failed a Drug Test, and we are starting your Chapter paperwork. This honestly broke my heart. After all the blood, sweat, tears, and friends lost in Iraq, and the images from these occurances that still haunt me to this day, I'm getting thrown away because I made a mistake. I am guilty, and in no way am I trying to justify what I did, but I feel I deserve a Honorable Discharge due to the fact that I was was just that, Honorable in all my service. I never caused any trouble, and always stood above my peers. Even my First Sergent remarked that he would have never guessed I would have failed a Drug Test. I wish from the bottom of my heart that I never made this poor decision, I was a young, stupid 21 year old boy, who thought he was invincible. I found out very quickly that this was not the case. Words cannot descibe the shame, hurt, and ridicule I have been faced with since this all this happened. I felt abondoned. I had no where to go. I lived in my car for 2 weeks until a friend offered to let me stay with her. I made it through the hard times, transfering from a combat hardened soldier, to a civilian. It is hard at times to even think about my service due to the shame I feel for the mistake I made. In the end, all I have to show for three years of service to my country is an embarassing peice of paper thats says I dis-honored my country, and my characterazation of service was one word...MIS-CONDUCT. Thats it.  I am a good person who wants to get rid of a haunting reminder of a stupid mistake he made after a year in combat. Please excuse my wording in this document, it comes from the heart. I cannot help how it comes out. Sir or ma'am, thank you so much for your time in reading this".

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: 040803
Discharge Received: 			   Date: 040827   Chapter: 14-12C(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: B Co 1/22 Inf, 4ID, Ft Hood, Tx 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040623, wrongfully use cocaine (040416-040419), reduction to E1, forfeiture of $100 X2 months and extra duty and restriction for 45 days (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: 010816    Current ENL Term: 4 Years  ?????
Current ENL Service: 	3 Yrs, 00Mos, 12Days ?????
Total Service:  		3 Yrs, 00Mos, 12Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 111   EDU: HS Grad   Overseas: None   Combat: Iraq (030406-040318)
Decorations/Awards: AAM, GWOTEM, GWOTSM, NDSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 3 August 2004, 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 gross disregard of Army rules and regulations and is a disruptive influence on the unit; demonstrated an inability to comply with basic soldiering requirements and higher authority; received an Article 15 for using cocaine, a controlled substance; attitude and off duty performance is not in compliance with military standards and the whole soldier concept, with a general under honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 a general under honorable conditions discharge.  On 17 August 2004, 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.  It states that an honorable discharge is a separation with honor, and is appropriate when the quality of the Soldier’s service is so meritorious that any other characterization would be inappropriate.  Chapter 14 of this regulation 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 the entire applicant’s military records, and the document submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s discharge was appropriate because the quality of the former soldier’s service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By the misconduct, the applicant diminished the quality of 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.  The analyst noted that even though a single incident, the discrediting entry constituted a departure from the standards of conduct expected of soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  The analyst having examined all the circumstances determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  Furthermore, the analyst noted the applicant’s 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.  Therefore, 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: 12 December 2008         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: None

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 1    No change 4
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080003440
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