Applicant Name:  ?????

Application Receipt Date: 2009/02/11	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant submitted no issues of equity or propriety to be considered by the board.

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: 070404
Discharge Received: 			   Date: 070411   Chapter: 14c (2)      AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: HHT, 1-16 Cavalry, Ft Campbell, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070206, violated General Order No 1, by wrongfully creating a sexually explicit digital photo and wrongfully visiting the living quarters of a member of the opposite gender on 060714; reduction to E1, forfeiture of $650 pay per month for two months and restriction and extra duty; suspended, to be automatically remitted if not vacated before 070415 (FG)

060912, through nelgect lose one set of E-SAPI plates of a value of about $1,120 or or about 060201-060431; reduction to E3, forfeiture of $370 pay per month for one month, extra duty for 14 days, suspended to be automatically remitted if not vacated before 061212 (CG)

041122, failed to obey an order and intent to deceive, sign an official statement on 041106; reduction to E2, extra duty for 7 days and and oral reprimand (CG)

041104, disobeyed a lawful command on 040922 and with intent to deceive, sign an official statement which was totally false on 040923; extra duty and restriction for 14 days, automatically remitted if not vacated before 050503, (Summarized)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 040106    Current ENL Term: 4 Years  ?????
Current ENL Service: 	03 Yrs, 03Mos, 06Days ?????
Total Service:  		03 Yrs, 03Mos, 06Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 68W/Health Care Specialist   GT: 109   EDU: GED   Overseas: SWA   Combat: Iraq (051127-061111)
Decorations/Awards: ARCOM, NDSM, GWOTSM, ICM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Jonesboro, GA
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 4 April 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12 c (2), AR 635-200, by reason of misconduct testing positive during a urinalysis for marijuana, 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 5 April 2007, 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 a careful review of all the applicant’s military records and the application submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s discharge was appropriate because the quality of the former Soldier’s service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By the misconduct, the applicant diminished the quality of service below that meriting a fully honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  The applicant provides no issues of equity or propriety for consideration by the board.  Therefore, the analyst determined that 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 November 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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090006177
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