Applicant Name:  ?????

Application Receipt Date: 2008/08/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states in effect:  ”A General discharge does not accurately characterize my service in the United States Army. I humbly request my discharged be reviewed and put up for consideration to be upgraded to full Honorable. During my service in the Army, I had one case of bad judgment. That was right before my unit's deployment.  Being "wrapped up in the moment" of deploying for the fist time my judgment was poor and during a hotel party hosted by a strip club, I consumed cocaine, and later tested positive during a urinalysis.  By all means I should have been discharged at that time. However in my battalion commander's eyes I was a good soldier who had made a mistake but deserved a chance to right his wrongs. I am very great full that he made that decision, since it gave me the ability to deploy to Iraq with my unit and serve my country. After the incident I learned my lesson and my judgment hasn’t let me down since.  I joined the Army as a 92A (Automated Logistic specialist), but shortly after being in my unit I volunteered to be in a convoy security platoon. I served as a gunner and driver. Our platoon was stood up only a few months before we deployed, so our training was very fast paced. Our mission in Iraq was to provide security for scheduled supply, emergency supply, recovery, and PSD missions. Our platoon was comprised of all non-combat arms MOS's from a distribution company. For performing well in this platoon I was awarded the Army Commendation Medal. For missions I was on that encountered enemy contact, I was awarded the Combat Action Badge. 
On February 21 of 2007, my unit conducted a 10% urinalysis. In this test, I tested positive for Marijuana. I was not notified of these results until March 26 of 2007. Well passed the mandatory 72 hours a soldier must be notified of such an offense. I state now as I have stated all long, that I did NOT nor have I ever smoked Marijuana. Had I been informed of this allegation in the proper time, I would have asked my company commander to retest me. 
Upon being notified of theses allegations I began researching how to prove to my command that the UA result was false. On April 24 2007 I submitted my hair for a hair follicle drug screen at a local civilian drug test laboratory. The specimen was collected locally and then the specimen was shipped to a laboratory for testing. The results for my hair follicle test were negative in all categories of a 5-panal drug test. The test is good for the dates of February 24 2007 through April 24 2007.  On June 14 2007 I presented the negative test result for the hair follicle test at my Article 15 hearing. The hearing was not concluded that day, but would reconvene at a later date, after command had a chance to validate the evidence. On August 15 2007 my Article 15 hearing was concluded with the decision that the evidence was not accepted and a punishment of restriction to post for 45 days, extra duty for 45 days, reduction in rank from E-3 to E-1, and initiation of chapter 14-12B. The reason given to me as why my evidence was not accepted was there was a 3 day gap from when the urine test was take and the dates the hair follicle test was accurate in. Everything I have ever read has said THC will stay in your system for 15-30 days.  My chapter paperwork was submitted and soon after i was discharged and given a General discharge (Under honorable conditions). Although according to my command I tested positive for illegal drugs twice, I was never enrolled in ASAP, nor given any other rehabilitation measures. I was given walking papers.  During my nearly 4 years of service, I had one instance and one alleged instance of behavior unbecoming of a soldier. I served my country proudly and deserve my service to be characterized as such with an Honorable discharge. I humbly request my discharge be upgraded from General (under honorable) to Honorable. Documents supporting my claim are en route and you should receive them shortly."

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: 070927
Discharge Received: 			   Date: 071121   Chapter: 14-12b    AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: A Co, 526th BSB, Fort Campbell, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070815, wrongful use of marijuana (070121-070221), reduction to E-1, 45 days extra duty and restriction (FG)

050920, wrongful use of cocaine (050802-050830), reduction to E-2, forfeiture of $692 x 2, 45 days extra duty and restriction (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 040317    Current ENL Term: 4 Years  ?????
Current ENL Service: 	03 Yrs, 08Mos, 05Days ?????
Total Service:  		03 Yrs, 08Mos, 05Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92A10/Automated Log Spc   GT: 121   EDU: HS Grad   Overseas: SWA   Combat: Iraq (050920-060919)
Decorations/Awards: ARCOM, AGCM, NDSM, GWOTSM, ICM, ASR, CAB

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 27 September 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct—for wrongful use of marijuana (070121-070221) and wrongful use of cocaine (050802-050830), with a general under honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, 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.  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 carefully examining the applicant’s record of service during the period of enlistment under review and the issues 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.  Furthermore, the analyst noted the applicant’s issue that it was a single incident, however, the record shows two incidents of wrongfully using multiple illegal substances.  These incidents of miscunduct, constituted a departure from the standards of conduct expected of Soldiers in the Army.  The analyst having examined all the circumstances determined that the applicant's misconduct did indeed adversely affect the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline.  This two incidents of misconduct clearly diminished the quality of the applicant's 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: 29 May 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 AR20080013814
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