Applicant Name:  ?????

Application Receipt Date: 081020	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 and supporting documentation 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: 070720
Discharge Received: 			   Date: 070821   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: HHT, 5th Squadron, 73rd Cav Regiment (Abn) (Recon), 3rd BCT (Rear) (Prov), 82nd Abn Div, Ft. Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070621, wrongfully impeded a unit urinalysis inspection by placing an uncertain amount of liquid bleach in his urine sample (061204), wrongfully used marijuana x 2 (061212-070110 & 070110-070115), wrongfully used cocaine (070110-070115); reduction to Private (E1), forfeiture of $650.00 pay per month for 2 months, suspended, to be automatically remitted if not vacated before 25 September 2007, 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:  25
Current ENL Date: 020926    Current ENL Term: 04 Years  7 months extension pending personnel action
Current ENL Service: 	00 Yrs, 07 Mos, 13 Days ?????
Total Service:  		04 Yrs, 10 Mos, 26 Days Enlistment waiver of drug and alcohol test.
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 11B  Infantryman   GT: 114   EDU: HS Grad   Overseas: SWA   Combat: Iraq (030805-040410)
Decorations/Awards: PH, ARCOM, AAM, GWOTSM, GWOTEM, ICM, ASR, CIB

V.  Post-Discharge Activity
City, State:  Lodi, CA
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 28 March 2007, the unit commander notified the Applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct— wrongfully adulterating a urine sample with bleach (061204), wrongfully using marijuana (061214-070115) and, wrongfully using cocaine (070108-070115), with an other than honorable conditions discharge.  The Applicant was advised of his rights.  On 29 March 2007, the Applicant consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board, contingent upon his receiving a characterization of service of no less favorable than general under honorable conditions.  The Applicant submitted a statement on his own behalf.  The Applicant's request for the conditional waiver was disapproved on 17 May 2007.  On 21 June 2007, the Applicant was notified to appear before an administrative separation board and advised of his rights.  On or about 20 July 2007, the administrative separation board convened.  The Applicant appeared with counsel.  The board recommended that the Applicant be discharged with issuance of a character of service of under other than honorable conditions.  On 9 August 2007, the separation authority approved the recommendation of the administrative separation board and directed that the Applicant be discharged with a characterization of service of other than 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 a careful review of the Applicant’s military records, and the issue and documents submitted with the application, the analyst found several mitigating factors that would merit a partial upgrade of the Applicant's characterization of service to general, under honorable conditions.  The analyst does not condone the Applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The analyst found that the length of the Applicant's service to include the former Soldier’s combat service and the quality of service mitigated the discrediting entries in his service record.  Accordingly, the analyst recommends that the Applicant’s characterization of service be upgraded to general, under honorable conditions.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 19 June 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 characterization of service was too harsh and as a result it is inequitable, based on the overall length and quality of the Applicant's service and his  combat service.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  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 4    No change 1
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 AR20080016451
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