Applicant Name:  ?????

Application Receipt Date: 2009/03/04	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached document 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: 060221
Discharge Received: 			   Date: 060227   Chapter: 14       AR: 635-200
Reason: Misconduct, (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: HHB, 6th ADA Bde, Fort Bliss, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060215, disobeyed a lawful command from a CPT to provide a urine sample, willfully disobeyed the same (060120), wrongful use of cocaine x 4 between (051102-051109), (051205-051212, (060113-060120), (060124-060131), and wrongfully communicate a threat to a CPT (051206); reduction to E-4, forfeiture of $1009 x 2, extra duty for 45 days and restriction for 45 days (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  29
Current ENL Date: 041222    Current ENL Term: 3 Years  ?????
Current ENL Service: 	01 Yrs, 02Mos, 06Days ?????
Total Service:  		10 Yrs, 04Mos, 17Days ?????
Previous Discharges: 	RA-951011-990614/HD
                                       RA-990615-010820/HD
                                       RA-010821-041221/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 25U10 Signal Support System Spec   GT: 109   EDU: GED Cert   Overseas: Korea/Germany/Southwest Asia   Combat: Iraq (dates NIF)
Decorations/Awards: ARCOM-3, AAM-2, AGCM-3, NDSM-W/BS, AFEM, GWOTEM, GWOTSM, KDSM, AFSM, NCOPDR, ASR, OSR-3, NM, ASUA

V.  Post-Discharge Activity
City, State:  Flint, MI
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 21 February 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Paragraph 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense for wrongful use of cocaine x 4 on (051109), (051212), (060120), (060131); disobeyed a lawful order from a CPT and communicated a threat to a CPT, 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 approval of the separation action with a general, under honorable conditions discharge.  On 7 March 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. 
       
       The applicant's record contains two CID Reports of Investigation dated 8 February 2006 and 28 November 2005.

       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, but a general discharge 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 document he submitted, the analyst determined that the characterization of service is improper.  The analyst noted that the Government introduced into the discharge packet the results of a biochemical test that was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan.  This is limited use information as defined in Chapter 6, AR 600-85.  Use of this information mandates award of a fully honorable characterization of service.  Accordingly, the analyst recommends that partial relief be granted in the form of an upgrade of the characterization of service to fully honorable.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.   

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 22 May 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 noted that the Government introduced into the discharge packet the results of a biochemical test that was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan.  This is limited use information as defined in Chapter 6, AR 600-85.  Use of this information mandates award of a fully honorable discharge.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of  the characterization of service to fully honorable.  However, the board found that the reason for discharge was fully supported by the record and voted not to change it. 





 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 4    No change 1
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 AR20090006406
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