Applicant Name:  ?????

Application Receipt Date: 2009/02/20	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant provided no issues of equity or propriety to be considered by the board. See enclosed DD Form 293.  The Applicant states "Hello, my name is (name deleted) and I was an Infantryman in the Army and was just discharged after 3-1/2 years of service with a General Discharge. I signed up for the Army on July, 6 2005 for a period of 3 years and 19 weeks. I was scheduled to get out on my original ETS date of November 15, 2008. Between the dates I enlisted, and my original ETS date, I served honorably my first full term. I was deployed to Iraq in August of 2006 to October of 2007, serving 14 full months as an Infantryman there. During that deployment I served honorably and was promoted accordingly to the rank of E-4. I returned from Iraq with about 11 months left on my contract. As the year went on, I found that I was going to be "stop-lossed" until the next deployment was over in January of 2010. I was training a lot and going to a lot of different schools in the Army. I was having trouble adjusting for a long time after I had come back from Iraq. A couple months before I deployed, I had found the stress unbearable to take, and I resorted to smoking marijuana and drinking a lot. I had gone to Army councilors and my commander requesting help with it. I did receive help with it and was able to quit all drugs and alcohol in the Army. Unfortunately though, not before I had failed two urinalysis tests in a row for Marijuana use. I was then chaptered out of the Army under Chapter 14 for Misconduct for drug usage. At that time my contract had already been fulfilled up until my original ETS date. I am writing this letter asking to have my General Discharge upgraded to an Honorable discharge. I served my first full term that I had enlisted for with honor and was chaptered out for drug usage at the end of it after my original ETS date. I know that I had made a mistake with my drug usage, but I feel that I learned from some hard mistakes in the Army and that has made me a better person because of it. I also feel that my discharge characterization was a little unfair due to the fact that I had served my first full term. I paid in for my GI bill and served at least 3 years on active duty. I would really like to use the educational benefits, and others, that I would get for serving my full term and having an Honorable Discharge. Your time is much appreciated and I look forward to hearing from you! Thanks".

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: 081229
Discharge Received: 			   Date: 090211   Chapter: 14-12C(2)      AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: 3rd Bn, 4th Cav Reg (Rear), 3rd Inf Bde Combat Team (Rear), Schofield Barracks, HI 

Time Lost: AWOL (080729-080916) 49 days, mode of return not in file.

Article 15s (Charges/Dates/Punishment): 081121, wrongfully used marijuana on or about 080617-080717 and 080901-081001; at or near Schofield Barracks, HI: reduction to E-1; forfeiture of $673.00 of pay per month for two 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:  19
Current ENL Date: 050706    Current ENL Term: 3 Years  19 weeks
Current ENL Service: 	3 Yrs, 5Mos, 18Days ?????
Total Service:  		3 Yrs, 5Mos, 18Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 121   EDU: HS Grad   Overseas: SWA   Combat: Iraq (060803-070928)
Decorations/Awards: ARCOM, NDSM, GWOTSM, OSR-2,

V.  Post-Discharge Activity
City, State:  San Diego, CA
Post Service Accomplishments: Nothing provided by the Applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 29 December 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph12c(2) AR 635-200, by reason of misconduct—for wrongfully using marijuana, (080617-80717) and (080901-081001), 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 January 2009, 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 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. The record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition. Further, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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: 091106         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 discharge was both proper and equitable and voted to deny relief.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090002933
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