Application Receipt Date: 080331	

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:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 070313
Discharge Received:     Date: 070323   
Chapter: 14    AR: 635-200
Reason: Misconduct (Drug Abuse)
RE:     SPD: JKK
Unit/Location: HHC, 1st STB, 1st BCT, Fort Campbell, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 061211, Wrongful use of cocaine between (061001 and 061031), reduction to E-1, forfeiture of $636.00 per month for two months, and 45 days extra duty, (FG).

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  790531  
Current ENL Date: 050624    Current ENL Term: 03 Years  02 Weeks
Current ENL Service: 01 Yrs, 09Mos, 00Days ?????
Total Service:  03 Yrs, 04Mos, 19Days ?????
Previous Discharges:  ARNG-031105-040110/NA
                                       ADT-040111-040528/HD
                                       ARNG-040529-050623/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 74D10/Chemical Operations Specialist   GT: 109   EDU: GED   Overseas: Southwest Asia   Combat: Iraq (050923-060902)
Decorations/Awards: ARCOM, NDSM, GWOTSM, ICM, ASTR, OSR, 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 13 March 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—abuse of illegal drugs, wrongfully used cocaine, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant waived legal counsel and to have his case heard by an administrative separation board, 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 16 March 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.
      
      The analyst noted that on 16 March 2007, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions, however the applicant's DD Form 214 shows in item 24 "Character of Service" as honorable. 
      
      The Report of Medical Examination found in the applicant's records makes reference to PTSD in item 77 "Summary of Defects and Diagnoses" of that document.  The Chronological Records of Medical Care also makes reference to Chronic Post Traumatic Stress Disorder.
      
      The applicant's record contains a CID Report dated 16 November 2006.

      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 a careful review of all the applicant’s military records during the period of enlistment under review and the issue he submitted, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason for discharge.  The analyst noted the applicant's issue, however, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 14, Paragraph 14-12c, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)", the separation code is "JKK", and the reentry code is "RE 4".  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28, separation code, entered in block 26, and RE Code, entered in block 27 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” can not be waived and the applicant is no longer eligible for reenlistment.  Additionally, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  In view of the foregoing, the analyst determined that the reason for discharge was both proper and equitable and recommends to the Board to deny relief. 
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 14 May 2008              
Location: Washington, DC

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 0    No change 0   - 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 and considering the analyst’s recommendation and rationale, the Board determined that the narrative reason for discharge was both proper and equitable, and voted to deny relief.





















Case report reviewed and verified by: Eric S. Moore, 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: 15 May 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080004809

Applicant Name:        
______________________________________________________________________


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