Applicant Name:  ?????

Application Receipt Date: 2008/05/07	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 and attached document (1) 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: 070412
Discharge Received: 			   Date: 070524   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: Forward Support Company, 1st Battalion, 187th Infantry Regiment, Fort Campbell, KY 42223 

Time Lost: AWOL x 1 for 4 days (070302-070305); mode of return-NIF

Article 15s (Charges/Dates/Punishment): 050729, Wrongfully used MDMA (Ecstasy) on or about (050330); reduction to private (E-2); forfeiture of $692.00 pay per month for two months; suspended, to be automatically remitted unless vacated before (050911); extra duty and restriction for 45 days, suspended, to be automatically remitted unless vacated before (050911); (FG) 

070321, Memorandum of reprimand-for driving a motor vehicle with a blood alcohol content of .08 percent or higher, in violation of Kentucky law (Administrative)

Courts-Martial (Charges/Dates/Punishment): 070315; Summary Court-Martial; AWOL between (070217-070220); failing to report to formation x 4, (070226); (070301); (070302); (070305); failing to report to work x 3, (070301); (070302); (070305); and AWOL between (070302-070305); wrongfully used cocaine x 3, between (070203-070208); (070211-070215); and (070216-070220); reduction to Private (E-1); forfeiture of $867.00 pay per month for one month; and confinement for 30 days. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: Reenl/021009    Current ENL Term: 4 Years  ?????
Current ENL Service: 	4 Yrs, 7 Mos, 16 Days ?????
Total Service:  		7 Yrs, 3 Mos, 12 Days ?????
Previous Discharges: 	RA 000209-021008/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 45B10 Small Arms/Arty Repairer   GT: 88   EDU: HS Grad   Overseas: Southwest Asia    Combat: Kuwait/Iraq (030228-040214); Iraq (050919-060919)
Decorations/Awards: ARCOM, AAM (2), NDSM, GWOTEM, GWOTSM, ICMDL, ASR, OSR 

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






VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on on 8 March 2007, the applicant in consultation with defense counsel and being fully advised, offered in a pretrial agreement (offer to plead guilty) to accept an other than honorable conditions discharge in the action initiated to separate him and to waive his rights to an administrative separation board.  Further, the applicant by signing the memorandum for record, acknowledged that defense counsel explained everything encompassing the deal and that he knowingly and voluntarily chose to accept the deal and plead guilty at a Summary Court-Martial because he was indeed guilty of the offenses charged.  On 12 April 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—commission of a serious offense/abuse of illegal drugs in that his behavior has become unacceptable; he has made some poor choices lately and show no signs of changing or interest in making it a point to come to formation on time; he has taken it upon himself to decide when he will come and go; also, he has been AWOL; as well as testing positive for cocaine and ecstasy, with an under other than honorable conditions discharge.  He was advised of his rights.  The applicant waived legal counsel, was advised of the impact of the discharge action, voluntarily waived 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 commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 16 May 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under othere than honorable conditions.  
       
       The record contains a Military Police Report dated 24 February 2007.

       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 submitted with the application, 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 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 or general, under honorable conditions discharge.  Furthermore, the analyst noted the applicant's issue; howewver, 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.  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: 18 February 2009         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 characterization of service was too harsh and as a result, it is inequitable.  The Board found that the overall length and quality of the applicant's service, to include his combat service mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.   
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 3    No change 2
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 AR20080007485
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