Applicant Name:  ?????

Application Receipt Date: 080702	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 submitted by the Applicant

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: 070806
Discharge Received: 			   Date: 070927   Chapter: 14-12c (2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: HHC, 1st Bn, 4th Inf Reg, APO AE 

Time Lost: None listed on DD214, 30 days confinement order dated 070712

Article 15s (Charges/Dates/Punishment): 060822 Fail to go at the time prescribed to his appointed place of duty, on 13 July 2006, 24 July 2006, and 26 July 2006; 18 July 2006 disrespectful in language toward an NCO; 18 July 2006 willfully disobey a lawful order from a SSG then known by him to be his superior noncommissioned officer reduction to E1 forfeiture of $288 of pay for one month 14 days restriction, 14 days extra duty (CG).

051015 Fail to go at the time prescribed to his appointed place of duty, on 5 October 2005; 4 October 2006 disrespectful in deportment toward an NCO; 5 October 2006 were derelict in the performance of his duties in that he negligently failed to complete a PT run; reduction to E2; forfeiture of $323 of pay for one month 14 days restriction, 14 days extra duty (CG)


Courts-Martial (Charges/Dates/Punishment): Summary Court-Martial possess some amount of marijuana; assault on a German Police Officer; commit sodomy; disrespectful in language toward an NCO; fail to appear at the time prescribed; reduction to E1; forfeiture of $650.00 of pay; and confinement for 30 days

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 041027    Current ENL Term: 3 Years  2 weeks
Current ENL Service: 	2 Yrs, 11Mos, 1Days ?????
Total Service:  		2 Yrs, 11Mos, 1Days ?????
Previous Discharges: 	None DD214 in file dated 040527 does not have blocks 23 through 30 present
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 92Y10 Unit Supply Spec   GT: 93   EDU: GED   Overseas: Germany (041202-061003)   Combat: None
Decorations/Awards: AGCM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Jennings, LA
Post Service Accomplishments: None Listed





VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 6 August 2007, 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 wrongful possession of some amount of marijuana, with a Under 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, unconditionally waived his right to 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 commanders reviewed the proposed discharge action and recommended approval of the separation action with a under other than honorable conditions discharge.  On 14 September 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under 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. The record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.  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: 090408         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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080010959
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