Applicant Name:  ?????

Application Receipt Date: 2009/04/16	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: 080529
Discharge Received: 			   Date: 080804   Chapter: 14-12c(2)     AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: 565th Quartermaster Company, 49th Trans BN, Ft Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 071205, wrongful use cocaine (070930-071030); reduction to E3, reduction to E2, suspended to be automatically remitted if not vacated before 080608, forfeiture of $729, suspended to be automatically remitted if not vacated before 080608 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:  20
Current ENL Date: 050809    Current ENL Term: 3 Years  ?????
Current ENL Service: 	2 Yrs, 11Mos, 26Days ?????
Total Service:  		4 Yrs, 01Mos, 13Days ?????
Previous Discharges: 	IADT 040714-041215/UNC
                                       ARNG 040622-050808/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 92A10 Automated Logistical   GT: 91   EDU: GED   Overseas: SWA   Combat: Iraq (060919-070806)
Decorations/Awards: ARCOM, NDSM, HSM, ICM, ASR

V.  Post-Discharge Activity
City, State:  Springdale, AR
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 27 May 2008, 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 receiving an Article 15 (071205) for wrongful use of 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 submitted a statement in his own behalf.  The statement is not part of the available record.  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 3 July 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 record contains a MP Report dated 12 February 2006 for driving while intoxicated.  Additionally, the record contains a GOMOR dated 28 August 2006 for DWI.

       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.  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, the analyst noted the applicant’s issue and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review. 
        Further, the analyst acknowledges the applicant's diagnosis of PTSD outlined in the documents with his application.  However, in review of the applicant’s entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted, the applicant fully understood the difference between right and wrong when he committed the misconduct that caused the unit commander to initiate the separation action.
       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: 22 February 2010         Location: Dallas, TX

Did the Applicant Testify?  Yes       

Counsel:        Texas Veterans Commission
                VA Medical Center Bldg, Room 1E-209
                Dallas, Texas, 75216

Witnesses/Observers: Texas Veterans Commission
                     VA Medical Center Bldg, Room 1E-209
                     Dallas, Texas, 75216 

Exhibits Submitted: Medical Records with 30 pages of progress notes

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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 AR20090007896
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