Applicant Name:  ?????

Application Receipt Date: 208/07/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "I would like to request an upgrade of my current discharge to a “General Discharge”.   I would like another opportunity to prove my abilities, loyalties and desire to serve my country.  Upon entering the service in November of 2005, I was a very immature 17 years old.  This was my first time away from family, friends and parental supervision.  I made the mistake of befriending some older individuals who persuaded me into the use of illegal drugs.  Previous to that time I had never been exposed to drugs due to my home schooling and close family and friends.  When terminated in February of 2007, I came back to my family and immediately ceased the use of illegal drugs.  I have been drug free ever since.  The job I am currently working requires periodic drug testing, and I have never failed.  I have realized what a huge, short sighted mistake I made in disrespecting the U.S. Army, my family and myself.  Almost two years of maturing and family guidance have helped me regain my self-respect and life direction.  Your consideration will be greatly respected and appreciated.  I’m looking forward to resolving past issues and becoming a productive asset to the United States Army."

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: 070213   Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: A Btry, 2-11 FAR, Schofield Barracks, HI 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 051116    Current ENL Term: 3 Years  18 Weeks
Current ENL Service: 	01 Yrs, 02Mos, 28Days ?????
Total Service:  		01 Yrs, 02Mos, 28Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 13B10 Cannon Crewmember   GT: 95   EDU: GED Cert   Overseas: Hawaii   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

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




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 31 January 2007, the applicant was charged with failure to report  (061225); wrongfully used marijuana x 2 between (061103-061203) and (061225); wrongfully used ecstasy between (061231-070105); and did wrongfully possess fifty (50) pills of ecstasy with intent to distribute (061231).  On 31 January 2007, the applicant consulted with legal counsel and voluntarily requested, in writing, discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial.  In this request, the applicant admitted guilt to the offense, or a lesser included offense.  Further, the applicant indicated that he understood that he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veteran’s benefits.  The applicant submitted a statement in his own behalf.  The unit commander recommended approval of the Chapter 10 request with an under other than honorable conditions discharge. The intermediate and senior intermediate commanders recommended approval of the Chapter 10 request with an under other than honorable conditions discharge.  On 5 February 2007, the separation authority approved the Chapter 10 request with an under other than honorable conditions discharge.  The applicant was to be reduced to the lowest enlisted rank. 
       
       The applicant's record contains two CID Reports of Investigation dated 23 January 2007 and 12 January 2007.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt.  Army policy states that although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.  

       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, the issues and documents he and submitted, the analyst determined that the characterization of service is improper.  The analyst noted that the Government introduced into the discharge packet the results of a biochemical test that was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan.  This is limited use information as defined in Chapter 6, AR 600-85.  Use of this information mandates award of a fully honorable characterization of service.  Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst found that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.  This action entails a restoration of grade to PV2/E-2.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 6 May 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 noted that the Government introduced into the discharge packet the results of a biochemical test that was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan.  This is limited use information as defined in Chapter 6, AR 600-85.  Use of this information mandates award of a fully honorable discharge.  Accordingly, the Board voted to change the characterization of service to fully honorable.  However, the board determined that the reason for discharge was fully supported by the record and voted not to change it.  This action entails a restoration of grade to PV2/E-2.

        
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: PV2/E2
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080011605
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