Applicant Name:  ?????

Application Receipt Date: 2008/04/16	Prior Review:     Prior Review Date: 051012

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149 and attached documents 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: 041018
Discharge Received: 			   Date: 041105   Chapter: 14-12c     AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: HHC 1/13 Armor Bn, Ft Riley, KS 

Time Lost: Military Confinement for 9 days (040306-040315)
                   Civil Confinement for 1 day (040618-040619)

Article 15s (Charges/Dates/Punishment): 040105, wrongfully using Methandienone at or near Baghdad, Iraq (030612-031209), reduction to E-2, $645 x 2. (FG)

Courts-Martial (Charges/Dates/Punishment): 040305 (Baghdad, Iraq), wrongful use of a controlled substance (marijuana), reduction to E1, $796, confinement for 10 days. (SCM) 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 020306    Current ENL Term: 03 Years  ?????
Current ENL Service: 	02 Yrs, 07 Mos, 18 Days ?????
Total Service:  		02 Yrs, 07 Mos, 18 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11C Indirect Fire Infantryman   GT: 102   EDU: HS   Overseas: None   Combat: OIF (030405-040405)
Decorations/Awards: NDSM, GWOTSM, GWOTEM, ASR, CIB

V.  Post-Discharge Activity
City, State:  Lima, OH
Post Service Accomplishments: None provided

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 18 October 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—wrongfully used methandienone between 12 June 2003 and 9 December 2003; you wrongfully used marijuana between 24 September 2003 and 23 October 2003; you tested positive for marijuana and steroid use on 12 May 2004; you were arrested for Driving Under the Influence of alcohol on 18 June 2004; and you used and possessed marijuana on 23 August 2004, 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 20 October 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.
       
       The record contains a MP report dated 040823.

       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:  
       The analyst carefully examined the applicant’s record of service during the period of enlistment under review and the documents submitted with the application.  There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  The analyst determined that the applicant’s discharge was appropriate because the quality of 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 the former soldier’s 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.  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.   The applicant submitted three documents in support of the personal appearance hearing.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 2 February 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: Yes 

Exhibits Submitted: Yes

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, 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 AR20080007295
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