Applicant Name:  ?????

Application Receipt Date: 080911	Prior Review:     Prior Review Date: NA 

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See 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: 070125
Discharge Received: 			   Date: 070222   Chapter: 14-12C(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: A Troop, 1st Sqdrn, 1st Cav Regiment, 1st BDE, Budingen, Germany  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060920, Wrongful possession and use of a certain amount of mushrooms, a controlled substance (060714); Reduction to E3, forfeiture of $797.00 pay per month for 2 months, extra duty and restriction for 45 days (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: 060131    Current ENL Term: 5 Years  ?????
Current ENL Service: 	01 Yrs, 00 Mos, 21 Days ?????
Total Service:  		03 Yrs, 04 Mos, 02 Days ?????
Previous Discharges: 	RA  031021-060130/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 19D Cav Scout   GT: 98   EDU: GED   Overseas: Republic of Korea, Iraq   Combat: Iraq (050921-060305)
Decorations/Awards: ARCOM (2), AAM (2), NDSM, GWOTSM, KDSM, ICM, ASR, OSR, CAB

V.  Post-Discharge Activity
City, State:  Manhatten, KS
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 22 January 2007, unit commander notified the Applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12C(2), AR 635-200, by reason of misconduct—for wrongfully possessing and using illegal mushrooms, a controlled substance, on 20 September 2006 and for being found in his barracks room intoxicated with mushrooms (psilocin) as well as in possession of more mushrooms on 14 July 2006, 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.  The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable conditions discharge.  On 30 January 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.
       
       Record of evidence does not include documentation as to wrongful possession of a controlled substance on 20 September 2006. 

       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 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” cannot be waived and the Applicant is no longer eligible for reenlistment.  Additionally, the analyst noted that the Applicant met entrance qualification standards to include age.  There is no evidence that the Applicant was any less mature than other Soldiers of the same age who successfully completed military service.  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: 25 March 2009         Location: Dallas, Texas

Did the Applicant Testify?  Yes     No  

Counsel: Yes

Witnesses/Observers: No 

Exhibits Submitted: No

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 is now inequitable.  The Board found that the overall length and quality of the Applicant's service, and his combat service mitigated the discrediting entry in his service record.  Accordingly, the Board voted to grant partial relief in the form of a  change to the narrative reason for separation to Secretarial Authority and a change of SPD code to 'LFF'.  Additionally, this action entails a change to the reentry eligibility (RE) code to "3."







        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 4    No change 1
(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: Secretarial Authority
Other: Change SPD Code to LFF										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080014139
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