Applicant Name:  ?????

Application Receipt Date: 080710	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See attached DD Form 293 and supporting documents 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: NIF
Discharge Received: 			   Date: 060719   Chapter: 14-12C       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: A Co, 96th Civil Affairs Bn (ABN), Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 051130, Wrongfully using marijuana x 2, a controlled substance (050917-051017 and 050123-050205); Forfeiture of $1542.00 for two months suspended until 30 May 2006 and extra duty for 45 days (FG).

051214, Misuse of a government credit card for personal use (051001-051020); Forfeiture of $719.74 for one month suspended until 13 June 2006 and, extra duty for 14 days (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  28
Current ENL Date: 030624    Current ENL Term: 03 Years  ?????
Current ENL Service: 	03 Yrs, 01 Mos, 15 Days ?????
Total Service:  		13 Yrs, 09 Mos, 11 Days ?????
Previous Discharges: 	RA  921009-960616/HD
                                       RA  960617-980622/HD
                                       RA  990623-030623/HD
Highest Grade: E7		Performance Ratings Available: Yes    No 
MOS: 11B   GT: 111   EDU: HS Grad   Overseas: Republic of Korea, Panama,(Record indicates the Applicant deployed to Iraq, Djibouti and Kenya but further information is not in the record)   Combat: Kosovo, Iraq, Kuwait (Dates of service are not in the file)
Decorations/Awards: MSM, ARCOM (6), AAM (4), AGCM (4), NDSM, GWOTEM, GWOTSM, Kosovo Campaign Medal, Korea Defense Service Medal, HSM, NCOPDR (3), ASR, OSR (2), NATO Medal, Multinational Force and Observers Medal, EIB, Pathfinder Badge,Air Assault Badge, Master Parachutist Badge, Senior Parachutist Badge, Military Free Fall Parachutist Master Badge

V.  Post-Discharge Activity
City, State:  Hope Mills, NC
Post Service Accomplishments: None listed by the Applicant.


VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 28 December 2005, 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—illegal drug abuse for having received a field grade Article 15 on 30 November 2005 for wrongful use of marijuana on two separate occasions, with an under other than honorable conditions discharge.  The Applicant was advised of his rights.  On 9 January 2006, the Applicant consulted with legal counsel and requested consideration of his case by an administrative separation board and requested his personal appearance before the administrative separation board.  On 19 May 2006, the Applicant was notified to appear before an administrative separation board and advised of his rights.  On 7 June 2006, the administrative separation board convened.  The Applicant appeared with counsel.  The board recommended that the Applicant be discharged  from the service, that the recommended separation be suspended until 7 June 2007, that the Applicant be transferred to another unit and, that the Applicant be issued an other than honorable discharge should the suspension be revoked.  On 23 June 2006, the separation authority approved the administrative separation board's recommendation of an under other than honorable conditions discharge and directed that the Applicant be discharged immediately with a characterization of service of under other than honorable conditions.  The Applicant was be reduced to lowest enlisted grade.

       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 special trust and confidence placed in a non-commissioned officer (NCO).  The Applicant, as a NCO, 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 the misconduct diminished the quality of service below that meriting a fully honorable discharge.  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: 1 May 2009         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 characterization of service was too harsh based on the Applicant’s length and quality of his service to include his combat service and, as a result, is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  This action entails restoration to the grade of E-7/SFC.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change NA    No change NA
(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: No Change
Other: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: Restore to the grade of E-7/SFC
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080011042
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