Applicant Name:  ?????

Application Receipt Date: 2008/05/27	Prior Review:     Prior Review Date: ADRB Records Review, 4 April 2007, denied. 

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant in fact states.  "By means of this letter I would want to express several reasons for which I want to be considered so that my DD-214 gets corrected. Out of four years of service in the Army I never had a disciplinary action until 2004.  There is no excuse for my behavior of drug abuse, but was under much pressure and I was weak.  Everything begins in the 2003 when 19th Support Center in Wiesbaden was assigned 3rd COSCOM, Germany.  For that time the war of Iraq had not begun when they told me that I was going to deploy.  That was not the situation that causes me stress; it was when they let us pass the edge between Kuwait and Iraq.  To have to spend 3 days of trip in convoy from Kuwait to Iraq around 5 of March of the 2003 was not one experience very pleasant.  I was in different camps like Camp Arifjan, Doha, Virginia,  You bleat, Anaconda, Tikrit and Fallujah.  Although I am not 11B if I set out combat with direct fire. I worked as a Mail Clerk making every week trips from one camp to another one so that other soldiers would receive their mail- motivator so that each could clear their minds by having their letters.  I earned an ARCOM for my good work without losing a single letter.  I was having the battle stress and also was notified that my just born daughter which I did not see being born, had been expected to live only for 48 hours.  Coat of a battle zone to begin another worse in the hospital Medical Center of  Purto Rico.  I got reassigned to Fort Buchanan, but due to the disease of my daughter had itself to transfer to WRAMC in Washington DC. My daughter spent the first 3 years of her life in ICU.  She had a surgery every 2 to 4 months.  For me it was very difficult those moments because nontapeworm time for my. Until in Iraq  I was one another off duty.  But to return of Iraq to find daughter in a bed, the pressure of the work, the medical bills.  My wife  didn't speak English, without a relative in the United States  I arrive a little while in which it uses drugs. But in spite of situation always I put the mission first before my family. I do not believe that this is an excuse to use drugs, but influences enough. I was in a treatment that I never fail in Fort Gordon (ESAP). But by the AR was getting separated from the Army.  A while ago I send to the Army Review Board Agency my application if  I can get my discharge change, but got it denied. I just want to be considered so the Re-Entry gets change to be able to enter the service. I have listened of people who have made things worse than I and have been able to enter.  Simply I want to return to be a soldier.”

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: NIF
Discharge Received: 			   Date: 051007   Chapter: 14       AR: 635-200
Reason: Misconduct-Abuse of Illegal Drugs	   RE:     SPD: JKK   Unit/Location: HHC, USAG, US Military District of Washington, D.C. 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None in file, however the analyst noted the applicant reenlisted in the grade of E-4 and was discharged as an E-3.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 041215    Current ENL Term: 04 Years  ?????
Current ENL Service: 	00 Yrs, 09Mos, 22Days ?????
Total Service:  		03 Yrs, 04Mos, 08Days ?????
Previous Discharges: 	USAR 011113-021008/NA
                                       ADT 011121-020323/UNC
                                       RA 021009-041214/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 42L/Admin Sp   GT: 87   EDU: HS Grad   Overseas: Germany, SWA   Combat: Iraq (030212-030811)
Decorations/Awards: ARCOM, AAM, NDSM., AFEM, ASR, GWOTEM, GWOTSM

V.  Post-Discharge Activity
City, State:  Killeen, TX
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The specific facts and circumstances leading to the applicant’s discharge are not contained in the available records.  The evidence of record shows that on 22 September 2005, Orders 265-0008, DA, HQ, Fort Myer Military Community, Arlington, VA, discharged the applicant from the Regular Army, effective date: 7 October 2005.  The record contains a properly constituted DD form 214 (Certificate of Release or Discharge from Active Duty) which was authenticated by the applicant's signature.  His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c(2) by reason of misconduct-abuse of illegal drugs, with a characterization of service of general, under honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct- drug abuse).  

       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, 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 he submitted, the analyst determined that the discharge was both proper and equitable. The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature and which identifies the reason and characterization of the discharge and the analyst presumed Government Regularity in the discharge process.  The applicant was discharged for wrongful use of drugs as indicated by his DD Form 214.  By violating the Army's policy not to possess or use illegal drugs, he 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, 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.   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: 6 October 2008         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: Three letters of recommendation from MAJ Rodriguez, SSG Lopez and Air Conditioner Services Company.

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			 
Issue a new DD Form 214  					         Colonel, U.S. Army
Change Characterization to: 			         President, Army Discharge Review Board 
Change Reason to:  
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080008395
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