Applicant Name:  ?????

Application Receipt Date: 080716	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states that "request upgrade in order to fufill my life's ambitions and goals by joining the Army Reserves and obtaining a security clearance with current employer."

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: 050706
Discharge Received: 			   Date: 050929   Chapter: 14-12C (2)       AR: 635-200
Reason: Misconduct, Abuse of Illegal Drugs	   RE:     SPD: JKK   Unit/Location: A Battery, 1st BN (Airborne), 321st Field Artillery Regiment, Ft. Bragg, NC. 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050217, wrongful use of cocaine between (050115-050118), reduction to E2, forfeiture of $500.00 for two months, and extra duty for 45 days (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 050112    Current ENL Term: 02 Years  ?????
Current ENL Service: 	00 Yrs, 08Mos, 17Days ?????
Total Service:  		03 Yrs, 02Mos, 07Days ?????
Previous Discharges: 	RA-020717-050111/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 13B Cannon Crewmember   GT: 105   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR, GWOTSM.

V.  Post-Discharge Activity
City, State:  Warrenton, VA
Post Service Accomplishments: Not Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
Evidence of record shows that on 6 July 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—for wrongful use of cocaine, with a general, under honorable conditions discharge in that the Administrative Separation Board and chain of command recommended suspending the discharge.  He was advised of his rights.  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 with an under other than honorable conditions discharge.  On 29 July 2005, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 10 August 2005, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended that the applicant be discharged with issuance of a character of service of under other than honorable conditions with an additional recommendation to suspend the discharge for 180 days and a rehabilitative transfer.  On 7 September 2005, the separation authority approved the recommendation of the administrative separation board, except for the suspension, and directed that the applicant be discharged immediately with a characterization of service of under other than honorable conditions.  The applicant was to be reduced to the lowest enlisted rank.
       

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 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, but a general discharge 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 independent evidence he submitted, 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.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” can not be waived and the applicant is no longer eligible for reenlistment.  Additionally, the analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  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: 8 December 2008         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: Mrs. Dowling, Wife 

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, quality of the applicant's service, and circumstances surrounding of the discharge.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to a General, Under Honorable.  In view of the foregoing, the Board voted to change the narrative reason for separation to Secretarial Authority and change the reentry eligibility (RE) code to “3.”






        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 3    No change 2
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
								         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: Secretarial Authority
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080011253
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