Applicant Name:  ?????

Application Receipt Date: 2008/03/07	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I also would like for the reentry code to be changed. The reason I want the change is because i haven't been recieving benefits because of the reason for separation. I wasn't abusing drugs I made one mistake. I only did it once by accident and that's all people seem to point out on my DD 214 I do not i repeat do NOT use drugs and or Abuse Drugs, and having that on there is just wrong. I am 21 years of age and trying to start on school and am unable to, because of my failure to recieve any benefits and the difficulty to find work with my DD form 214 the way it is. I served for 3 years and 4 months and wanted to stay in the military, but my chain of command was a religious one and told me I was a "Criminal" in there eyes. Which after explaining that i do not do drugs and it was a mistake they still felt the same way. I am just trying to get my discharged changed to make it easier find jobs and get financial aid for college."  

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: 071113
Discharge Received: 			   Date: 071218   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (drug abuse)	   RE:     SPD: JKK   Unit/Location: 5th PSYOP Bn, Ft Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060901, consuming alcoholic beverages while under 21, reduction to E-3, $797 x 2 (suspended), 45 days extra duty, 45 days restriction (FG).

061024, suspension of punishment vacated, breaking terms of restriction (061011), $797 x 2.

070906, wrongful use of marijuana, (070706-070806), reduction to E-1, $650 x 2, 45 days extra duty, 45 days restriction (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: 040729    Current ENL Term: 06 Years  ?????
Current ENL Service: 	03 Yrs, 04 Mos, 20 Days ?????
Total Service:  		03 Yrs, 04 Mos, 20 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 25M/Multimedia Illustrator   GT: 116   EDU: HS   Overseas: Korea   Combat: NIF
Decorations/Awards: JSAM, NDSM, GWOTEM, GWOTSM, KDSM, ASR

V.  Post-Discharge Activity
City, State:  Brownsville, TX
Post Service Accomplishments: None provided.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 14 November 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 (drug abuse), on 6 August 2007, you submitted a urine sample during a urinalysis which, after chemical analysis, tested positive for THC.  On 24 October 2006, you violated the terms of your restriction from a prior Article 15.  On 1 September 2006, you received an Article 15 for consuming alcoholic beverages while you were under the age of twenty-one, 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 28 November 2007, 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 carefully examining the applicant’s record of service during the period of enlistment under review and the issue and documents submitted with the application, the analyst determined that the discharge was both proper and equitable.  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.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment.  Further, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 19 December 2008         Location: Washington, DC

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 0    No change 5
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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080003733
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