Applicant Name:  ?????

Application Receipt Date: 2008/04/11	Prior Review:     Prior Review Date: 2007/06/06/Records Review 

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 and attached document 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: 060126
Discharge Received: 			   Date: 060418   Chapter: 14       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: E Company, 101st AV Bde, Fort Campbell, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060124, wrongful use of cocaine on or about (051022), reduction to E-1, forfeiture of $617.59 x 2, extra duty for 45 days and restriction for 45 days both (suspended), (FG).

050506, failure to report x 2 on or about (041025) and (050321), reduction to E-4, extra duty for 45 days (FG).


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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 011126    Current ENL Term: 4 Years  The applicant's Enlisted Record Brief (ERB) shows his ETS date as (070131)
Current ENL Service: 	04 Yrs, 04Mos, 23Days ?????
Total Service:  		08 Yrs, 06Mos, 19Days ?????
Previous Discharges: 	RA-970930-000929/HD
                                       USARCG-000930-011125/NA
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 25U10 Signal Support System Spec   GT: 113   EDU: 1 Year Coll   Overseas: Korea/Southwest Asia   Combat: Kuwait/Iraq (030302-040120)
Decorations/Awards: ARCOM-2, AAM, AGCM, NDSM, GWOTEM, GWOTSM, NCOPDR, OSR-2, ASR

V.  Post-Discharge Activity
City, State:  Eads, TN
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
             The evidence of record shows that on 26 January 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 testing positive for cocaine on a unit urinalysis (051024), wrongful use of cocaine between (050725-050826) as shown by a positive urinalysis for cocaine (050826), 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, requested consideration of his case by an administrative separation board, 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 28 February 2006, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 29 March 2006, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended that the applicant be discharged with a characterization of under other than honorable conditions.  On 7 April 2006, the separation authority directed that the applicant be discharged with a characterization of service of under other than honorable conditions.

       The applicant's record contains a CID Report of Investigation dated 2 December 2005.
       
       Further, the analyst noted that the applicant's characterization of service was upgraded by the Army Discharge Review Board to "General, Under Honorable Conditions" on (070606) and was issued a new DD Form 214.

       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, commission of a serious offense, convictions by civil authorities, desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is 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, the issues and documents he submitted with his 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 his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his misconduct, the applicant diminished the quality of his 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.  Furthermore, the analyst noted the applicant's issue indicatinf not enough resources and help was given; however, the evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to these efforts.  In view of the foregoing, 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: 22 April 2009         Location: Atlanta, GA

Did the Applicant Testify?  Yes     No  

Counsel: ?????

Witnesses/Observers: No 

Exhibits Submitted: No

VIII.  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 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: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080005507
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