Applicant Name:  ?????

Application Receipt Date: 2008/10/20	Prior Review:     Prior Review Date: 080627, denied 5-0   

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I believe that I have made a mistake while I was in the Army. I have learned that using drugs was unacceptable. I was under alot of stress do to the fact of being deployed to Iraq. I have changed my ways and become a better man to my family and myself. To have my discharge changed would be another accomplishment in my life. I definately learned from my mistake and take full responsibility for this action. It would mean alot to me to have my discharge change. Thank you for the time".

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: 050720
Discharge Received: 			   Date: 050831   Chapter: 14-12c     AR: 635-200
Reason: Misconduct, Abuse of Illegal Drugs	   RE:     SPD: JKK   Unit/Location: B Battery, 3d BN, 82nd Field Artillery, Ft Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 031212, wrongful use of marijuana and MDMA (031017-031117), failure to report (031107); reduced to E1, forfeiture of $575 x2 months, 10 days extra duty and restiction (FG).

The record indicates the applicant received a Field Grade Article 15 on 050427 for a positive urinalysis, however the DD Form 2627 is not in the available record. 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 041213    Current ENL Term: 5 Years  ?????
Current ENL Service: 	?? Yrs, 04Mos, 18Days ?????
Total Service:  		3 Yrs, 07Mos, 19Days ?????
Previous Discharges: 	USAR 020429-030129/NA
                                        RA 030129-041212/HD
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 13D10/Field Artillery   GT: 101   EDU: HS transcript   Overseas: SWA   Combat: Iraq (040107-050220)
Decorations/Awards: NDSM, ASR, GWOTSM, GWOTEM

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 20 July 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12C, AR 635-200, by reason of misconduct for abuse of illegal drugs, 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, 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 commander reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable conditions discharge.  On 8 August 2005, 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 issue and document 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.  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: 24 March 2009         Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: None


















VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, voted to deny relief.  Notwithstanding the propriety of the applicant's discharge, the Board found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 26, separation code as JKK, block 27 reentry code as "4" and block 28, narrative reason for separation, Misconduct, Abuse of Illegal Drugs.  In view of the error, the Board directed that an administrative change be made to block 26 to JKQ, block 27 to RE3 and block 28 to Misconduct, Commission of Serious Offense, as approved by the separation authority.  Except for the foregoing modification to the applicant's reason for separation, separation code and reentry code, the board voted to deny relief.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 3    No change 2
(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: Misconduct, Commission of Serious Offense
Other: Change SPD code to JKQ										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080016540
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