Applicant Name:  ?????

Application Receipt Date: 2008/06/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states in effect:  "While out having drinks one night, I ran into some soldiers I knew from a past deployment.  They offered me a drink of their alcohol, which was supposed to be a Dominican drink mixed using different liquors.  A few days later my unit held a urinalysis and I tested positive for MDMA.  Being that I had never used any type of drugs, my memory took me back to the drinks I’d recently had with my old friends.  This being the only offense of the six years in my military career, the Criminal Investigation Department conducted an investigation.
During the investigation my unit was assigned a new commanding officer, with a “Zero Tolerance Policy”.  My enlistment was also coming to an end and I needed to make the decision to either re-enlist or end my term of service.  There wasn’t enough evidence for me to defend myself, but I did have enough Non-Commissioned Officers and Commissioned Officers present to speak on my behalf.  There were plenty facts brought to his attention that proved that I was an outstanding soldier.  He didn’t know me personally as a soldier, so from my fellow soldiers speaking on my behalf and my accomplishments on paper, I received a general discharge under honorable conditions.  In addition to that, I have never been arrested for anything.  Being that I didn't have enough evidence to defend myself, I would like to request my discharge be upgraded to honorable and my reason for separation to change also.  In doing so, this will provide me the opportunity to have a fresh start and thrive as a civilian."

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: 061107
Discharge Received: 			   Date: 070105   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: HSC, 2d Bn, 7th Special Forces Group, Fort Bragg, NC  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060821, wrongful use of methamphetamine (MDMA-Ecstasy) on 060615-060622, reduction to E-5, forfeiture of $1,062 x 2,  45 days extra duty, 45 days restriction (suspended), (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 050121    Current ENL Term: 2 Years  ?????
Current ENL Service: 	01 Yrs, 11Mos, 15Days ?????
Total Service:  		05 Yrs, 07Mos, 06Days ?????
Previous Discharges: 	RA 010530-050120/HD
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 25D2P/Telecom Opr   GT: 113   EDU: HS Grad   Overseas: Korea, Iraq   Combat: Iraq (041201-050701)
Decorations/Awards: ARCOM, JSAM, AAM-2, AGCM, NDSM, GWOTEM, GWOTSM, ASR, PB

V.  Post-Discharge Activity
City, State:  Tallahassee, FL
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 7 November 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct—for having tested positive on a urinalysis (060622) for ecstasy (MDMA) and recommended that the applicant be retained in the Army.  In the event that it was not approved, the unit commander recommended a general, under honorable conditions characterization of service.  He was advised of his rights.  The applicant’s election of rights is not contained in the available record and the analyst presumed government regularity.  The intermediate commander reviewed the proposed discharge action and recommended retention in the service.  However, the record indicates that a later date the same commander recommended that the applicant be discharged with a general, under honorable conditions discharge.  On 15 December 2006, 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 CID Report dated 24 July 2006.

       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 a careful review of all the applicant’s military records, and the issue submitted with his application, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to fully honorable.  This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct.  The record shows that this was a single and isolated incident in the applicant’s Army career that appears to be out of character as reflected by his NCOERs and service record.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the overall length and quality of the applicant's service as indicated by his awards, his attaining of the rank of SSG/E-6, as well as the unit commander’s recommendation for his retention in the Army and his combat service in Iraq, mitigated the discrediting entries in the service record.   Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 3 April 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 characterization of service was too harsh and as a result it is inequitable, based on the overall length and quality of the applicant's service to include his combat service.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  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 AR20080010756
______________________________________________________________________________


Page 1 of 3 pages