Applicant Name:  ?????

Application Receipt Date: 2009/05/27	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: 090217
Discharge Received: 			   Date: 090401   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: A Battery, 1/6th FAR, Ft Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080520, wrongfully used cocaine (071115-071130); reduction to E5, forfeiture of $1,361 pay per month for two months, suspended, to be automatically remitted if not vacated before 081117, restriction  and extra duty for 30 days (FG).

Courts-Martial (Charges/Dates/Punishment): 090209, wrongfully used cocaine (080520-080603); reduction ot E4, forfeiture of 2/3 pay for one month; suspended, to be vacated or remitted on or about 090310, 30 days restriction to Kileen and Ft Hood (SCM)

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  29
Current ENL Date: 071114    Current ENL Term: 6 Years  ?????
Current ENL Service: 	1 Yrs, 05Mos, 04Days ?????
Total Service:  		7 Yrs, 05Mos, 23Days ?????
Previous Discharges: 	RA 011009-071113/HD
                                             Break in Service
                                       USAR 970427-971017/UNC
                                       USAR 960830-090426/NA
                                       USAR 960702-960829/UNC
Highest Grade: E6		Performance Ratings Available: Yes    No 
MOS: 13B10 Cannon Crewmember   GT: 111   EDU: GED   Overseas: Germany, SWA   Combat: Iraq x2 (030204-031212 & 051116-061031)
Decorations/Awards: ARCOMx4, AAM, AGCM x2, NDSM x2, GWOTEM, GWOTSM, ICM w/CS x2, NCOPDR,x2, OSR x3, EFMB

V.  Post-Discharge Activity
City, State:  APO, AP
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 20 February 2009, 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 being found guillty by a Summary Court Martial regarding cocaine use (080520-080603), with a general, under honorable conditions discharge.  
       He was advised of his rights.  On 10 March 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Army 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.

       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. 
        Furthermore, the analyst noted the applicant's issue and determined that Army Regulation 635-200 provides that commanders will not take action to separate Soldiers for adjustment disorders solely to spare a Soldier who may have committed serious acts of misconduct.  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.
       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: 14 April 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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090009998
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