Applicant Name:  ?????

Application Receipt Date: 2009/01/25	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:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 050202
Discharge Received: 			   Date: 050309   Chapter: 14-12(c)    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: 2nd Bn 505th PIR Fort Bragg, NC 

Time Lost: 0

Article 15s (Charges/Dates/Punishment): 041104 on or about 23 October 2004, violate a lawful general order, to wit: paragraph 4(h), 82d Airborne Division Regulation 190-2, dated 5 December 2002, by wrongfully not reporting to the unit within the 2 hour recall standards of DRF1, and at or near Fort Bragg, North Carolina, between on or about 23 September 2004 and 23 October 2004, wrongfully use cocaine, a Schedule I controlled substance; reduction to Specialist (E4), forfeiture of $907.00 per month for 2 months, restriction to the limits of barracks, dining facility, place of duty, place of worship, medical and dental facilities; extra duty for 45 days.

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  27
Current ENL Date: 030608    Current ENL Term: 2 Years  ?????
Current ENL Service: 	1 Yrs, 9Mos, 0Days ?????
Total Service:  		5 Yrs, 4Mos, 0Days ?????
Previous Discharges: 	RA991110-030607 HD
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 11B1P Infantryman   GT: 110   EDU: HS Grad   Overseas: None   Combat: Afghanistan (030116-030715) and Iraq (040110-040428)
Decorations/Awards: ARCOM, AAM, AGCM, NDSM, GWTEM, GWTSM, NCOPR, ASR, CIB, EIB 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: Applicant states he is a correction officer for North Carolina Department of Corrections (NCDOC) and maintains accountability and security of convicted felons.  He performs up to 50 urinalysis a month and also is part of the Prison Emergency Response Team (PERT).  PERT Team Members respond to prison emergencies such as riots, routine shake downs, and escapes.  He is also member of the NCDOC sniper team.  Additionally, applicant provided copies of NCDOC appraisal and performance log for 1 August 2007 to 31 July 2008 and 1 August 2008 to 14 January 2009; Letter of Appreciation, Sergeants Promotional Exam Results, North Carolina Department of Labor Certificate and United States Department of Labor Certificate.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 2 February 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12(c), AR 635-200, by reason of misconduct—for wrongfully using cocaine and violating lawful general regulation by having a Blood Alcohol Content over the allowable .05 limit while on Division Ready Force (DRF) status, 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 14 February 2005, 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.  Furthermore, the analyst noted that even though a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  The analyst having examined all the circumstances determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge. 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. 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 DC

Did the Applicant Testify?  Yes     No  

Counsel: N/A

Witnesses/Observers: N/A 

Exhibits Submitted: N/A

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: N/A										
RE Code: 
Grade Restoration:   No   Yes   Grade: ?????
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090005508
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