Applicant Name:  ?????

Application Receipt Date: 2008/05/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states, "I SERVED THREE YEARS HONORABLY WITHOUT BEING IN ANY TROUBLE. BECAUSE OF FAMILY PROBLEMS I BECAME A SINGLE PARENT. AT THIS POINT MY COMMANDER STARTED A CHAPTER FOR LACK OF A FAMILY CARE PLAN (WITH HONORABLE CONDITIONS). AT THIS POINT I MESSED UP AND SMOKED SOME MARIJUANA. I TESTED POSITIVE THE NEXT WEEK AND WAS GIVEN AN ARTICLE 15. BECAUSE I WAS ALSO A SINGLE PARENT I WAS NOT ABLE TO PULL MY EXTRA DUTY AS ORDERED. THEREFORE MY COMMANDER STOPPED THE ONE CHAPTER AND STARTED ONE FOR PATTERNS OF MISCONDUCT. I NOW WISH I HAD FOUGHT IT BECAUSE I FEEL THAT MY 3 YRS OF HONORABLE SERVICE OUT WEIGH ONE MISTAKE. I HAVE NOW BEEN OUT FOR MORE THAN FIVE YEARS AND HAVE REMAINED OUT OF TROUBLE IN CIVILIAN LIFE. MY DAUGHTER NOW LIVES WITH HER MOTHER AND I CONTACTED A RECRUITER TO RE-ENLIST. HE TOLD ME THAT HE CAN GET ME A WAIVER BUT I WON'T BE ABLE TO DO WHAT I WANT TO. I PRAY THAT THE BOARD WILL FIND THAT; I WAS PROUD TO SERVE MY COUNTRY, AM AN OUTSTANDING CITIZEN, AND THAT I WAS NOT AFFORDED THE PROCESS OTHER SOILDERS ARE GIVEN (SUCH AS REHAB). PLEASE FIND TO UPGRADE MY DISCHARGE AND RE CODE SO THAT I MAY FINISH MY OBLIGATION TO MY COUNTRY AND RE-ENLIST WITH A CLEAN SLATE".

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: 021002
Discharge Received: 			   Date: 021114   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: C Battery 1st BN, 320th Field Artillery Regiment, Ft Campbell, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 020805, wrongfully use marijuana (020611-020711), reduction to PV2, forfeiture of $619 for two months; suspended, to be automatically remitted it not vacated before (2030202) and 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:  19
Current ENL Date: 001114    Current ENL Term: 4 Years  ?????
Current ENL Service: 	02 Yrs, 00Mos, 01Days ?????
Total Service:  		02 Yrs, 00Mos, 01Days ?????
Previous Discharges: 	None
Highest Grade: PFC		Performance Ratings Available: Yes    No 
MOS: 13D10 Field Artillery   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  Woodstock, GA
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 1 October 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12C, AR 635-200, by reason of misconduct—for  wrongfully consumed alcohol while being under the legal drinking age on (020427); on or between (020611-020711) wrongfully used marijuana, and again on or between (020721-020821) wrongfully used marijuana, with an 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, 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 commander (s) reviewed the proposed discharge action and recommended approval of the separation action with an other than honorable conditions discharge.  On 5 November 2002, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of other than honorable conditions discharge.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  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:  
       After carefully examining the applicant’s record of service during the period of enlistment under review and the issue and documents submitted with the application, the analyst determined that the discharge was both proper and equitable.  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 discharge.  Furthermore, the analyst noted the applicant's issues and found no evidence of arbitrary or capricious actions by the command.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  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.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date:   29 April 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 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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080007770
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