Applicant Name:  ?????

Application Receipt Date: 2008/09/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD From 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: 070612
Discharge Received: 			   Date: 070810   Chapter: 14       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: 364th CS SVC, Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070301, Wrongful use of cocaine between (070202 and 070212), reduction to E4, forfeiture of $941.00 pay per month for two months, 45 days extra duty, and 45 days 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: 030128    Current ENL Term: 04 Years  Retention authorized for 195 days as essential to National Security.
Current ENL Service: 	04 Yrs, 06Mos, 13Days ?????
Total Service:  		04 Yrs, 06Mos, 13Days ?????
Previous Discharges: 	None
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 92A10/Automated Logistical Specialist   GT: 105   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq X 2 (040616-050626 and 060628-070628)
Decorations/Awards: ARCOM, AAM-2, AGCM, NDSM, GWOTSM, ICM, NCOPDR, ASR, OSR-2, CAB

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 12 June 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct- commission of a serious offense for testing positive for a controlled substance "Cocaine" on (070212),  with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant's election of rights is not contained in the available record and the analyst presumed Government Regularity in the discharge process.  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.  On 11 July 2007, 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 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 a careful review of all the applicant’s military records during the period of enlistment under review documents, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  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.  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, the analyst noted the applicant issue that he was suffering from PTSD and TBI, and would have not gotten into trouble.  However, the evidence of record shows that on 30 January 2007, DA Form 3822-R (Report of Mental Status Evaluation) that the applicant was diagnosed by a Clinical Psychologist as having an Adjustment Disorder with anxiety, depression, and Insomnia, within the meaning of AR 40-501, AR 635-200, and the DSM-IV (Diagnostic and Statistical Manual of Mental Disorders), and ruled out PTSD.  Further, on 11 April 2007, DD Form 2808 (Report of Medical Examination), the applicant's separation physical makes reference to PTSD in block 77 "Summary of Defects and Diagnoses", and DD Form 2697 (Report of Medical Assessment), also makes reference to PTSD.  Having examined the above documentation, the analyst determined that the applicant's discharge was not the result of any medical condition and that he was administratively discharged under the provisions of Chapter 14, AR 635-200 by reason of misconduct- commission of a serious offense.  In view of the foregoing, 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: 14 January 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 discharge was both proper and equitable, and voted to deny relief.







        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 1    No change 4
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 AR20080014125
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