Applicant Name: ?????
Application Receipt Date: 2009/03/16 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, "In March of 2008, I failed a drug test and was discharged in August of 2008. I had never failed a drug test prior to March 2008, it was an honest mistake on my part and one that I have since learned from. I have stayed clean of drugs since that drug test failure, which has been a year. I enjoyed my time in the Army and am willing to go back in if I can not find a civilian job by the time I graduate from the trade school that I'm currently attending in November. This upgrade to my discharge will allow me to go back in and give me the benefits that I need to see a doctor and pay for my school."
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: 080604 (Retained)
Discharge Received: Date: 080801 Chapter: 14-12c(2) AR: 635-200
Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: Ft Bliss, TX
Time Lost: None
Article 15s (Charges/Dates/Punishment): 080410, wrongfully use cocaine, (080303-080306); reduction to E2, forfeiture of $750 pay per month for one month, extra duty for 45 days (FG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 21
Current ENL Date: 041103 Current ENL Term: 6 Years ?????
Current ENL Service: 3 Yrs, 08Mos, 28Days ?????
Total Service: 6 Yrs, 01Mos, 00Days ?????
Previous Discharges: RA 020702-041102/HD (concurrent service)
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 25L10/Cable Sys Inst/Maint GT: 94 EDU: HS Grad Overseas: Germany, SWA Combat: Kuwait/Iraq (061027-080125)
Decorations/Awards: ARCOM, AGCM, NDSM, GWOTSM, ICMCS, ICM, OSRx2, ASR
V. Post-Discharge Activity
City, State: Elkridge, MD
Post Service Accomplishments: The applicant states that he is attending trade school.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 4 June 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12c (2), AR 635-200, by commission of a serious offense for wrongful use of cocaine on or between (080303-080306), with a recommendation of retaining him in the service. He was advised of his rights. On 10 June 2008, the applicant consulted with legal counsel and requested consideration of his case by an administrative separation board. The applicant did not submit a statement on his own behalf. The intermediate commander reviewed the proposed discharge action and disapproved the separation and recommended the Soldier be retained. On 20 June 2008, 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 applicants 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. 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: 4 December 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 applicants record of service during the period of enlistment under review and considering the analysts 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: No Change
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090003765
______________________________________________________________________________
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