Applicant Name 

Application Receipt Date:  2009/02/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 submitted by the applicant.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	UOTH   Date: 0501(actual date illegible)
Discharge Received: 			   Date: 050317   Chapter: 14-12C(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: 31st Combat Support Hospital, Fort Bliss, Texas 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050302, At or near Fort Bliss, Texas, between on or about 2 January 2005 and 31 January 2005, wrongfully use marijuana, extra duty for 45 days, restriction for 45 days to the limits of barracks, dining facility, place of worship and medical and dental facilities; oral reprimand (FG)

File indicates a Field Grade Article 15 while deployed to Iraq, copy not in file.

Courts-Martial (Charges/Dates/Punishment): 041110, Wrongful use of marijuana on or between 8 September 2004 and 7 October 2004, reduction to E1, forfeiture of $596.00 pay per month for one month, 45 days hard labor. (SCM) 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 020812    Current ENL Term: 6 Years  ?????
Current ENL Service: 	2 Yrs, 7Mos, 6Days ?????
Total Service:  		2 Yrs, 7Mos, 6Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 74B10 Information System Operator   GT: 101   EDU: HS Grad   Overseas: SWA   Combat: Iraq (040106-050111)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that in January 2005 (day not legible in file), 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— testing positive for wrongful use of marijuana on three occasions, with an under other than honorable conditions discharge.  She was advised of her rights.  On 21 January 2005 the applicant consulted with legal counsel and voluntarily waived consideration of her case by an administrative separation board, contingent upon her receiving a characterization of service of no less favorable than general, under honorable conditions.  The applicant submitted a statement in her 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 with an under other than honorable conditions discharge.  On 8 February 2005, the applicant was notified to appear before an administrative separation board and advised of her rights.  On 3 March 2005, 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.  In March 2005 (day not legible in file), the separation authority approved the recommendation of the administrative separation board and directed that the applicant be discharged with a characterization of service of under 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 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.    Furthermore, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Additionally, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment.  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: 2 December 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 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

								         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: X  No   Yes   Grade: ?????
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090003065
______________________________________________________________________________


Page 3 of 3 pages