Applicant Name:  ?????

Application Receipt Date: 2008/03/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 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: 021220
Discharge Received: 			   Date: 030319   Chapter: 14       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: HQ & HQ Troop, 3rd Squadron, Fort Carson, CO 80913 

Time Lost: The DD Form 214, item 29 (Time Lost), shows the applicant has a period of lost time from (030218-030303) for a total of 15 days; however, the documentation to support this is not in the available record, and the period of lost time was deducted from the net active service this period in item 12c, as shown on the DD Form 214.  

Article 15s (Charges/Dates/Punishment): 021105, Wrongfully used cocaine on or about (020728-020805), (FG). The actual Article 15 and the punishment imposed is not in the available record; however, the information was taken from the the unit commanders recommendation for separation of the applicant.  Further, there is a Developmental Counseling Form dated 12 September 2009, informing the applicant that the maximum non-judicial punishment that he would likely receive was 45 days extra duty, forfeiture of a 1/2 months pay for 2 months, and reduction of one grade, and that he may also be placed on restriction up to 45 days.  Additionally, at the time the applicant was notified of the unit commanders intent to initiate separation action, the applicant was an E-4. 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: Reenl/010628    Current ENL Term: 3 Years  ?????
Current ENL Service: 	1 Yrs, 8 Mos, 7 Days See Time Lost section on the OSA Form 172 for remarks.
Total Service:  		3 Yrs, 8 Mos, 12 Days ?????
Previous Discharges: 	RA 990624-010627/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 52D10 Power Generator Equip Repairer   GT: 97   EDU: HS Grad   Overseas: Germany (000104-010102)   Combat: None
Decorations/Awards: ARCOM, AAM (2), GCMDL (1), NDSM, NCOPDR, ASR, OSR, C/Ach (2)

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant states, in effect, that he is a good citizen in his community, wants to further educate himself and would like to join a service organization such as the American Legion. 







VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 20 December 2002, 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-abuse of illegal drugs in that he received a Field Grade Article 15, dated (021105) for wrongful use of cocaine on or about (020728-020805), 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 29 January 2003, 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.  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 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 special trust and confidence placed in a non-commissioned officer (NCO).  The applicant, as a NCO, 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 the misconduct diminished the quality of his service below that meriting a fully honorable discharge.  Furthermore, the analyst noted the applicant's issue in reference to his successful accomplishments since separation from active duty.  The applicant is to be commended for his efforts.  However, these accomplishments do not provide the Board a basis upon which to grant relief.  Additionally, 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.  In view of the foregoing, 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: 17 December 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
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080003782
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