Applicant Name: ?????
Application Receipt Date: 2009/01/29 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See the DD Form 293 submitted by the applicant.
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: 060417
Discharge Received: Date: 060623 Chapter: 14-12C(2) AR: 635-200
Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: CO R, 262 nd Quartermaster BN, 23d Quartermaster BDE, Ft Lee, VA
Time Lost: AWOL x1 for 31 days, (060306-060406), mode of return unknown; (see counseling statement for this period). The period of time lost from (060513-060515) as shown on the DD Form 214 is not validated by the supporting documents in the OMPF.
Article 15s (Charges/Dates/Punishment): 060515, wrongfully used cocaine at some unknown location prior to (060407), reduction to E1, forfeiture of $589 per month for two months, extra duty and restriction for 45 days, (FG).
060301, wrongfully used cocaine at some unknown location prior to (060104), forfeiture of $713, extra duty and restriction for 45 days (FG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 050801 Current ENL Term: 3 Years 24 weeks, a moral waiver approved on (050729)
Current ENL Service: 0 Yrs, 09Mos, 19Days ?????
Total Service: 0 Yrs, 09Mos, 19Days ?????
Previous Discharges: None
Highest Grade: PV2 Performance Ratings Available: Yes No
MOS: Trainee/Enlisted for 92F /Petroleum Supply Spec GT: 103 EDU: GED Certif Overseas: None Combat: None
Decorations/Awards: NDSM
V. Post-Discharge Activity
City, State: Columbus, GA
Post Service Accomplishments: None submitted
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 17 April 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12C(2), AR 635-200, by reason of misconductuse of illegal drugs in that you wrongfully used cocaine, with a general under honorable conditions discharge. He was advised of his rights. The applicant waived 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 that the applicant receive an entry level discharge. On 20 June 2006, 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 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, 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. Further, the analyst noted the applicant's issues; however, there is no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service. 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: 20 April 2009 Location: Atlanta, GA
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: None
Exhibits Submitted: None
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review, hearing his testimony and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable, 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 AR20090004323
______________________________________________________________________________
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