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:  "I was discharged for misconduct-drug abuse 17Aug07. I started military service January 2004. I Arrived to C Co July of 2004 as the 506th RCT was being created. I served in Iraq from November 2005-November 2006. I was always the go-to guy with a positive attitude. Anyone could count on me to accomplish any task to standard quickly and efficiently. 1SG Leon Johnson made sure to let the incoming First Sergeant know how beneficial I was to the company, December of 2006. I had earned my Good Conduct Medal in January of 2007, which was awarded to me in April of 2007. I moved back into the barracks after I became divorced 17Apr07. I was going through a difficult time and set an appointment with a psychologist 08May07. I received a DUI on post at Ft Campbell Saturday, 5May07, with a BAC of .06; I was so upset after I was dropped off at the barracks by my First Sergeant, 1SG Kenneth Hawkins, that I proceeded to drink until I blacked out. On Sunday, I was found asleep outside my company office’s door by the HHC/801st commander. My leadership was notified though upon discovery I was only told to go back to my room and take a shower. Afterwards I continued to drink until I could black out again. Monday I received a UA as a result of having an alcohol related incident. The psychologist diagnosed me with depression and recommended treatment including anti-depressants. I continuously requested to be enrolled in ASAP to start treatment for alcohol. I was told that I had to wait until after my appearance for my DUI charge. I was informed the results of my urinalysis towards the end of May which was positive for cocaine. I was told there were inconsistencies with my drug test and that they would not be able to subject me to Article 15 or other punishment as a result. I was then allowed to start enrollment in ASAP for the abuse of cocaine. Before I was able to start treatment I was still drinking heavily. I lost my cell phone in mid-June. I was arrested the evening of June 16th for aggravated burglary as my cell phone was found outside a residence with a broken window June 14th. The aggravated burglary charge has since been settled, which I am not guilty. I was out processed during civilian confinement, my leadership refused to approve me to make bail. I was abandoned by my leadership in my time of need. My battalion, 801st Brigade Support Battalion, had a NCO designated to process chapters due to the volume of soldiers being discharged. The Battalion Sergeant Major and Commander, and my Company Commander were brand new, with my First Sergeant who was relatively new and only recently promoted. My leadership was focused on ‘rooting out’ as many as possible in order to start fresh. I have no history of drug abuse as I have never knowingly used any drugs. I had no previous history of alcohol abuse prior to returning from Iraq, I had never consumed alcohol before. I was going through a difficult time and instead of receiving help and support was abandoned and discharged. I was referred to as a ‘star soldier’. Any of my previous leadership would be able to confirm my attitude and eagerness to get the job done. I have never abused any drugs. It makes me sick to think of how stupid I was to let alcohol interfere with so much of my life. Regardless, I did not deserve to be kicked to the curb and abandoned by my unit as I was."

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: 070728
Discharge Received: 			   Date: 070817   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: C Co, 801st Bde Spt Bn, Fort Campbell, KY 

Time Lost: 63 days, confined by civil authorities (070616-070817).

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 060222    Current ENL Term: 6 Years  ?????
Current ENL Service: 	01 Yrs, 05Mos, 25Days ?????
Total Service:  		03 Yrs, 05Mos, 10Days ?????
Previous Discharges: 	RA 040106-060221/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 68W10/Health Care Spc   GT: 129   EDU: GED   Overseas: Iraq   Combat: Iraq (051118-061112)
Decorations/Awards: AAM, AGCM, NDSM, GWOTSM, ICM, ASR, OSR, AAB

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 28 July 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 misconduct—commission of a serious offense for having been charged with aggravated burglary, for testing positive for wrongful use of cocaine, for driving under the influence, and for failure to obey a traffic device, with a general under honorable conditions discharge.  He was advised of his rights.  On 1 August 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable conditions discharge.  On 3 August 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 a careful review of the entire applicant’s military records, 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’s discharge was appropriate because the quality of the former soldier’s service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By the misconduct, the applicant diminished the quality of service below that meriting a fully honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  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.  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. Therefore, the analyst determined that 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: 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 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 AR20080010767
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