Applicant Name:  ?????

Application Receipt Date: 2008/06/18	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states in effect:  "Discharge states "drug abuse" when I am the one who sought the Alcohol Substance Abuse Program.  I was turned down by ASAP when I went on my own because they said that i needed the Commander's approval. I was adamant on going to him, so I asked a battle buddy to let the Commander know i was seeking help. They then drug tested me (urine and blood) and found that I tested positive. I then was "command referred" to ASAP; thus, the Chapter paperwork was started on 20070503. To my understanding, I was not supposed to be reprimanded for turning myself into the ASAP program.  I got reduced in rank from an E-4 to an E-1, finished my 45 days extra duty and 45 days restriction to the barracks. I continued to go to my appointments with ASAP. I did not use any substances or have any drug related incidents since that day on 20070503. 6 months later, while still attending ASAP, on 20071107, I had a "Under Honorable Conditions- General" discharge. The reason for separation states: Misconduct (Drug Abuse). Had I have still been using substances during these 6 months while I was attending ASAP, I would agree with my discharge. Due to the fact that i was not using, I am appealing my discharge from a General to Honorable.  I have completed over 36 months of active duty and in order to receive my MGIB, I am lacking the Honorable discharge. I am doing all I can to not let this hinder my future, and with the MGIB I have another chance with my occupational education. On block 27 of my DD214, Reentry code reads 4, to my knowledge that means that I cannot enlist again; I would like this to be changed so that I do have the opportunity to serve (again) if i choose to do so."

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: 070912
Discharge Received: 			   Date: 071107   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: 277th CS Bn, Mnt Co, Fort Drum, NY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070703, wrongful use of methamphetamines (070428-070502), reduction to E-1, forfeiture of $650 x 2 (suspended), 45 days extra duty, oral reprimand (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: 060502    Current ENL Term: 6 Years  ?????
Current ENL Service: 	01 Yrs, 06Mos, 05Days ?????
Total Service:  		03 Yrs, 01Mos, 15Days ?????
Previous Discharges: 	RA 040923-060501/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 15S10/OH-58 Hel Rpr   GT: 111   EDU: HS Grad   Overseas: Afghanistan   Combat: Afghanistan (060213-070215)
Decorations/Awards: ARCOM, AAM, NDSM, ACM, NM, ASR, OSR


V.  Post-Discharge Activity
City, State:  Sanford, CA
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 12 September 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of commission of a serious offense for wrongful use of methamphetamines (070428-070502), with a general under honorable conditions discharge.  She was advised of her rights.  On 13 September 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her 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 23 October 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable conditions.

       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 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 her service below that meriting a fully honorable discharge.  Furthermore, the analyst found no evidence of arbitrary or capricious actions by the command.  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.  Further, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  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.  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: 20 March 2009         Location: Washington, D.C.

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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080010516
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