Applicant Name:  ?????

Application Receipt Date: 2009/06/18	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: Per online application, applicant states: "During the past 3 years from the time I wos discharge from the Army I been having problems finding jobs. In adition one of the reasons wile I joint the Army wos to obtain educations benefist to complet my last year of college for wish I pay the GI Bill Education benefist as part of my first term of service. When I get discharge from the Army Iwos diring my second term of service but my DD214 is a consolidation of all my service in the Army. Because the discharge I have in my DD214 I Iam not able to use the GI BILL education benefist and for other side is almost imposible to find a job. Whithout education or with the discharge I have on my DD214. During the last 3 years I been doing community service in Puerto Rico, Dominican Republic and Hati. In adition Iam member of a chuch in my hometown. Iam working hard to be a better cityzen and contribute in a positive way to the country. In conclusion this is the main reason why my discharge should be change because even though I recognize that I make a mistake Iam requesting this opportunity to complete my education, obtain a job and be a better cityzen." 

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: 050922
Discharge Received: 			   Date: 051104   Chapter: 14-12c(2)      AR: 635-200
Reason: Misconduct, Abuse of Illegal Drugs	   RE:     SPD: JKK   Unit/Location: C Co, 112th  SC BN, Ft. Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050804, Violation of UCMJ Article 112a, wrongfully used cocaine on or between 050430-050531; Reduction to E4, forfeiture of $893/mo for 2 mo. and 45 days extra duty. (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: 031126    Current ENL Term: 06 Years  ?????
Current ENL Service: 	01 Yrs, 11Mos, 08Days ?????
Total Service:  		04 Yrs, 01Mos, 15Days ?????
Previous Discharges: 	RA 010920-031125/HD
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 92Y1P Unit Supply Spec   GT: 94   EDU: 3 YR COLL   Overseas: None   Combat: None
Decorations/Awards: AAM, AGCM, NDSM, GWTEM, GWTSM, NCOPDR, ASR

V.  Post-Discharge Activity
City, State:  Dorado, Puerto Rico
Post Service Accomplishments: Applicant stated activity in community service and at church, but provides not documents.




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on  22 Sept 2005, 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—for  illegal use of drugs, cocaine, with a general, under honorable conditions discharge.  He was advised of his rights.  On 28 Sept 2005 the applicant consulted with legal counsel, was advised of the impact of the discharge action, and  submited a statement in his own behalf which is not contained in the record.  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.  
       
       On 17 Oct 2005, 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  Letter of Reprimand from the Commander of the Special Operation Support Command.

       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 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; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       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: 22 Mar 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 AR20090010510
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