Applicant Name:  ?????

Application Receipt Date: 2008/09/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 and attached 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: NIF
Discharge Received: 			   Date: 050106   Chapter: 14       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: A Co, 1-66 AR Bn, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 041104, dereliction of duty, in that he willfully failed to provide an unadulterated specimen of his urine during a urinalysis test (040625), and wrongfully used cocaine between 
(040609-040616), reduction to E-4, forfeiture of $955 x 2, extra duty for 45 days, and restriction for 45 days 
(all suspended) (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  27
Current ENL Date: 010816    Current ENL Term: 4 Years  ?????
Current ENL Service: 	02 Yrs, 00Mos, 01Days ?????
Total Service:  		08 Yrs, 01Mos, 28Days Item 12d on the DD Form 214, total prior active service is incorrect, should read 02 Yrs, 00 Mos, 00 Days.  Further, item 12e on the DD Form 214, total prior inactive service is incorrect, should read 04 Yrs, 00 Mos, 00 Days. 
Previous Discharges: 	USNR-930629-930815/NA
                                       USN-930816-950815/HD
                                       USNR-950816-990815/NA
                                       RA-990816-010815/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 109   EDU: HS Grad   Overseas: Korea/Southwest Asia   Combat: Iraq (030515-040314)
Decorations/Awards: AAM, NDSM-2, GWOTEM, GWOTSM, KDSM, ASR, OSR, CIB

V.  Post-Discharge Activity
City, State:  Alpine, TX
Post Service Accomplishments: The applicant submitted documentation which shows he made the Dean's list at Sul Ross State University with grade point average of 4.00.





VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 29 December 2004, 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 (040616), and tampered with the urine specimen during a urinalysis (040625), with an  under other than honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived consideration of his case by an administrative separation board, 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 and senior commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  The separation authority's documentation that waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions is not part of the available record and the analyst presumed Government regularity in the discharge process.  On 6 January 2005, DA, HQ, III Corps and Fort Hood, Fort Hood, TX , Orders 006-0217, discharged the applicant from the Regular Army, effective date:  6 January 2005.   

       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, the issues and documents 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 trust and confidence placed in a 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 diminished the quality of his service below that meriting a fully honorable discharge.  Furthermore, the analyst noted the applicant's issue, even though a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  The analyst having examined all the circumstances determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge.  Further, tthe record does not support the issue that the applicant suffers from Post Traumatic Stress Disorder and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.    Finally, the analyst noted the many accomplishments outlined with the application and in the documents with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  In view of the foregoing, the analyst determined that 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: 17 December 2008         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 characterization of service is too harsh, and as a result it is inequitable.  The Board determined that the overall length and quality of the applicant’s service; to include his combat service, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080014616
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