Applicant Name:  ?????

Application Receipt Date: 2009/03/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "Dear sir/ma'am I specialist ferguson, Machiavelli am requesting a change in my re code for the resaons listed. I made mistakes of using marijuana on dec 10 2007  it was my birthday me and my wife which we are seperated waint divorce used because her birthday was nov 29 2007 ttwo weeks before mine and we had had problems just trying to work on things and i was scheduled to leave for afghanistan in feb, well urinalisis came due to another soldier living in the baracks at the time was caught sellin i lived off post and came to work as i always did and was popped on the drug test . Yes i have regretted every minutes of the year ive almost been out i cannot adapt to the civilian life style i still find myself living in the armed forces at times singing cadence and i was only three months away from my e5 ranking and i am looking forward to rjoining as soon as i can get my re code changed to 2 or 1 to bo eligible for enlistment. I apologize to all of my officials and officers and the entire chain of command for my abscence in the nations defense due to the stupidity of being you , but i have a child on the way a little boy due sept 25 2009 and i dont want my life to go or continue down hill to raise him in a economy such as the one i see now i was a great soldier as 1st sgt bowman of 96 asb would vouch and my squad leader sgt brown they were disappointedin me but not as much as i am into my self. I quit using for three years until i had my wife asking and wanting and keeping it around me i really would do anything of asac and or punishment inside to prove my innocence. I have wanted to do nothing but to be a soldier since high school but i let the rotten ones choose my faith with the armed forces but me i was the one who worked so hard to succeed in my career and will do that even more if i could have that one chance."

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: 071228
Discharge Received: 			   Date: 080111   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: A Co, 96th AV Spt Bn, Fort Campbell, KY 

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:  23
Current ENL Date: 070802    Current ENL Term: 06 Years  ?????
Current ENL Service: 	00 Yrs, 05Mos, 10Days ?????
Total Service:  		02 Yrs, 05Mos, 01Days ?????
Previous Discharges: 	RA-050811-070801/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92W10 Water Treatment Spec   GT: 85   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: AAM, NDSM, GWOTSM, KSM, KDSM, ASR, OSR, C/ACH-3





V.  Post-Discharge Activity
City, State:  Decatur, GA
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 28 December 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Paragraph 14-12c(2), AR 635-200, by reason of misconduct-abuse of illegal drugs for testing positive for marijuana (071127), 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, waived consideration of his case by an administrative separation board, and submitted 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 2 January 2008, the separation authority 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 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 a careful review of all the applicant’s military records during the period of enlistment under review, the issues and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  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 his service below that meriting a fully honorable discharge.  Furthermore, the analyst noted the applicant's issue; however, 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.  In view of the foregoing, the analyst determined that the reason for discharge, the characterization of service to include the reentry eligibility (RE) code 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: 18 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 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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090005323
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