Applicant Name:  ?????

Application Receipt Date: 080722	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See attached DD Form 293 submitted by the Applicant.  Applicant states, "Upgrade requested for re-entry into the armed services.  In the eight years since my separation from duty I have realized what a life altering mistake I made.  No matter how much I regret my past, I cannot seem to improve my circumstances in life until I am allowed to correct this error.  Please allow me the opportunity to prove myself."

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: 000216
Discharge Received: 			   Date: 000302   Chapter: 14-12c    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: B Co, 1-21 Inf BN, Schofield Barracks, HI 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 991203, Wrongful use of lysergic acid diethylamide (LSD) (991026-991101); Reduction to E1, forfeiture of $479.00 pay per month for 2 months, 45 days extra duty and 45 days restriction (FG).

981203, As a result of wrongful previous overindulgence of intoxicating liquor was incapacitated for the proper performance of his duties (981120), and violation of a lawful general regulation by wrongfully consuming alcohol while under the legal drinking age of 21 years old on an Army installation (981119), Reduction to E2, suspended to be automatically remitted if not vacated before 1 April 1999; forfeiture of $242.00; extra duty for 14 days, restriction for 14 days (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 970611    Current ENL Term: 04 Years  ?????
Current ENL Service: 	02 Yrs, 09 Mos, 12 Days ?????
Total Service:  		02 Yrs, 09 Mos, 12 Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 11B  Infantryman   GT: 112   EDU: HS Grad   Overseas: Hawaii   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  Middletown, OH
Post Service Accomplishments: None submitted by the Applicant.




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 16 February 2000, 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 wrongfully using lysergic acid diethylamide (LSD), violating a lawful general order, and overindulgence in liquor , with a general under honorable conditions discharge.  The Applicant was advised of his rights, 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.  On 2 March 2000, 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:  
       The analyst carefully examined the Applicant’s record of service during the period of enlistment under review and the documents submitted with the application.  There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  The analyst determined that the Applicant’s discharge was appropriate because the quality of 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 the former Soldier’s 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, at the time of discharge the Applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the Applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former Soldier as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.   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: 22 June 2009         Location: Chicago, IL

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: None

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: No Change
Other: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080011515
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