Applicant Name:  ?????

Application Receipt Date: 2009/03/24	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: 080411
Discharge Received: 			   Date: 080604   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: A Co, 2-101st BSB, Fort Campbell, KY 

Time Lost: AWOL for 7 days (060712-060718), returned to unit 

Article 15s (Charges/Dates/Punishment): 080214, with intent to deceive, make a false official statement to a SGT (080209), make a false official statement to PJ (080209); drive a military vehicle (HMMWV), while impaired by benzodiazepine, a scheduled IV controlled substance (080209), wrongful use of benzodiazepine (080208-080209), wrongful use of ambien, a scheduled IV controlled substance (080201-080209), and wrongfully inflict self harm by inhaling the contents of a compressed air can (080208); forfeiture of $650 pay, extra duty for 45 days, and restriction for 45 days (FG).

071204, wrongful use of marijuana (070803-070904); forfeiture of $500 pay x 2 months, extra duty for 45 days, and restriction for 45 days, and a written reprimand (FG).

060803, AWOL (060712-060718), and wrongful use of marijuana (060522-060623); reduction to E-1, forfeiture of $636 pay x 2 months (suspended), 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:  18
Current ENL Date: 051228    Current ENL Term: 4 Years  16 Weeks
Current ENL Service: 	02 Yrs, 05Mos, 00Days ?????
Total Service:  		02 Yrs, 05Mos, 00Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 21B10 Combat Engineer   GT: 96   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (070915-080425)
Decorations/Awards: AAM, NDSM, ICM-W/CS, GWOTSM, ASR, MUC

V.  Post-Discharge Activity
City, State:  Marion, VA
Post Service Accomplishments: None Listed 




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 11 April 2008, 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-commission of a serious offense for  receiving a Field Grade Article 15 on 3 August 2006 for  AWOL (060712-060718), and wrongful use of marijuana (060522-060623), receiving a Field Grade Article 15 on 3 October 2007 for wrongful use of marijuana (070803-070904), receiving a Field Grade Article 15 on 14 February 2008 for making a false official statement x 2, driving while impaired, wrongful use of a scheduled IV controlled substance  x 2, and inflicting self harm  by inhaling the contents of a compressed air can, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant's election of rights is not contained in the available record and the analyst presumed government regularity in the discharge process. 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.  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 a Memorandum of Reprimand dated 17 December 2007, for wrongful use of marijuana.

       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 issue and document 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 general, under honorable conditions discharge.  Furthermore, the analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  In view of the foregoing, 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: 15 January 2010         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 AR20090007192
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