Applicant Name:  ?????

Application Receipt Date: 2009/05/11	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I have had a lot of time to think about what I have done. I made a stupid mistake when I decided to smoke marijuana over my christmas exodus. From the day I was caught till now and from before I smoked, I have been clean of all drugs including tobacco. I would like my discharged changed so that i may once again work for the government. I do not want my entire life ruined because of 1 bad mistake that I have made. If I could do it all over again, I would not have smoked because being in the ARMY meant a lot more to me than that. I was 18 and I accept that I should have been able to discern the difference about doing what is right and wrong and that is why I take full responsibility in what I have done. I do believe, however, that I was not given a fair enough chance to prove that I could be better. I have learned that I do not always have to do what everyone else is doing. This has really changed the person that I am and in a good way. I have finallyt become the person I have been striving to be, loyal, trustworthy, honest, caring."

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: 060330
Discharge Received: 			   Date: 060412   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: E Co, 309th MI Bn, Fort Huachuca, AZ 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060317, wrongful use of marijuana (051204-060103); reduction to E-1, forfeiture of $640 pay x 2 months, restriction for 45 days, extra duty for 45 days; and an oral reprimand (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: 050629    Current ENL Term: 5 Years  ?????
Current ENL Service: 	00 Yrs, 09Mos, 14Days ?????
Total Service:  		00 Yrs, 09Mos, 14Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: None   GT: 119   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Eugene, OR 
Post Service Accomplishments: The applicant submitted documents that indicate he attended Lane Community College.




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
             The evidence of record shows that on 30 March 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 receiving a Field Grade Article 15 for testing positive for marijuana (060320), 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 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 4 April 2006, 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 analyst noted that on the applicant's DD Form 214, block 24, "Character of Service" reads "fully Honorable."  However, the separation authority approved the applicant's discharge under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of commission of a serious offense, with a characterization of service of "General, Under Honorable Conditions." 
       
       The applicant's record contains a CID Report of Investigation dated 7 February 2006.

       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 during the period of enlistment under review, the issues and documents 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 fully honorable honorable discharge.  
       
       Furthermore, the analyst noted the applicant's issue and commends him for his accomplishment; however, this issue does not provide the Board a basis upon which to grant relief.  
       
       Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
       
       Additionally, even though a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  The analyst having examined all the circumstances determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge.  
       
       Also, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.
       
       Finally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 24, "Character of Service" to read "fully Honorable."  The analyst recommends that block 24, Character of Service" be administratively changed to "General, Under Honorable Conditions."  Except for the foregoing modification to the applicant's "Character of Service," the analyst determined that the reason for discharge and the characterization of service were both proper and equitable.
       
VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 5 March 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 directs ARBA Support Division-St Louis to administratively change block 24, "Character of Service" to "General, Under Honorable Conditions."  Except for the foregoing modification to the applicant's characterization of service, 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: The Board directs ARBA Support Division-St. Louis to administratively change block 24, "Character of Service" to "General, Under Honorable Conditions." 									
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090008214
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