Applicant Name:  ?????

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

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and supporting documents 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: 030416
Discharge Received: 			   Date: 030617   Chapter: 14-12b    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: A Co, 530th SSB, Ft Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 030221, wrongfully use marijuana (021113-021212); reduction to E4, forfeiture of $500 pay per month for 2 months, extra duty for 45 days and restriction for 45 days, suspended,  to be automatically remitted if not vacated before 030819 (FG).

030507, wrongfully use marijuana (030225-030326); reduction to E1, forfeiture of $575 pay per month for two months, suspended,  to be automatically remitted if not vacated before 030805, extra duty 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:  25
Current ENL Date: 010530    Current ENL Term: 4 Years  ?????
Current ENL Service: 	2 Yrs, 00Mos, 18Days ?????
Total Service:  		4 Yrs, 00Mos, 23Days ?????
Previous Discharges: 	RA 990525-010529/HD
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 92R1P/ Parachute Rigger   GT: 109   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AGCM, NCOPDR, ASR

V.  Post-Discharge Activity
City, State:  Norwood, MA
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 28 March 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12c, AR 635-200, by pattern of misconduct for testing positive for marijuana with a general, under honorable conditions discharge.  He was advised of his rights.  On 28 March 2003 the applicant consulted with legal counsel and requested consideration of his case by an administrative separation board.  The applicant submitted a statement on his own behalf which was unsigned.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate and senior intermediate commanders reviewed the proposed discharge action and recommended approval with an under other than honorable conditions discharge.  On 2 April 2003, again the applicant consulted with legal counsel waived consideration of his case contingent upon his receiving a characterization of service of no less favorable than general, under honorable conditions and did not submit a statement on his own behalf.  On 5 May 2003, the separation authority denied the conditional waiver and referred his case to an administrative separation board.  On 9 May 2003, the applicant was notified to appear before an administrative separation board and advised of his rights.  Further, on 16 May 2003, the applicant waived his rights to an administrative separation board, and did not submit a statement in his own behalf.  On 21 May 2003, the separation authority directed that the applicant be discharged with a characterization of service of under other than honorable conditions.  The applicant was to be reduced to the lowest enlisted rank.

       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 special trust and confidence placed in a non-commissioned officer (NCO).  The applicant, as a NCO, 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 the misconduct diminished the quality of service below that meriting a fully honorable discharge.  The analyst noted the applicant's issue and acknowledges the applicant's many in service accomplishments outlined with the application.   However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  Further, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  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: 16 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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090006961
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