Applicant Name:  ?????

Application Receipt Date: 2009/06/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: Applicant states that the incident leading to his separation was an isolated incident during 17 years of military service.  Applicant states that due to the characterization of his service, he is having difficulty obtaining VA benefits for his injury from Iraq and his injury is making it difficult to find employment.

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: 080201
Discharge Received: 			   Date: 080328   Chapter: 14-12c(2)      AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: Home Det., 5th SQD, 7th CAV, 1BCT, 3ID, Ft. Stewart, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080107, wrongful use of cocaine on or between 13-16 Nov 07, reduced to E5, forfeiture of $1,291/mo for 2 mo., 45 days restriction and extra duty (FG).

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  29
Current ENL Date: 010428    Current ENL Term: Indef Years  ?????
Current ENL Service: 	6 Yrs, 9Mos, 0Days ?????
Total Service:  		17 Yrs, 1Mos, 15Days ?????
Previous Discharges: 	RA 910214-930407/HD
                                       RA 930408-960424/HD
                                       RA 960425-010427/HD
Highest Grade: E6		Performance Ratings Available: Yes    No 
MOS: 19D20 Cavalry Scout   GT: 108   EDU: 1yr Coll   Overseas: Korea, Germany, SWA    Combat: Iraq x3 (030105-030715, 050106-060105, 070116-070608)
Decorations/Awards: ARCOM X6, AAM X11, AGCM X5, NDSM X2, GWOTEM, GWOTSM, KDSM, ICM, NCOPDRX2, ASR, OSR X2, CAB

V.  Post-Discharge Activity
City, State:  Jesup, GA
Post Service Accomplishments: None provided by applicant.







VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 1 February 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—Drug Abuse for testing positive for cocaine use on 16 November 2007, with a general, under honorable conditions discharge.  He was advised of his rights. 
        
       On 6 February 2008, the applicant consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board, contingent upon his receiving a characterization of service of no less favorable than general, under honorable conditions.  The applicant submitted a statement on 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 with a general, under honorable conditions discharge.  
       
       On 21 February 2008, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 13 March 2008, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended that the applicant be discharged with issuance of a character of service of under other than honorable conditions.
         
       On 19 March 2008, the separation authority approved the recommendation of the administrative separation board and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.  The applicant was to be reduced to the grade of E1. 
       
       The record contains a CID report dated 14 December 2007.

       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 available military records, and the issue submitted with the application, the analyst found several mitigating factors that would merit a change of the applicant's characterization of service to general, under honorable conditions. 
        
       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 does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The analyst found that the length of the applicant's service to include his combat service and the quality of his service mitigate the discrediting entries in his service record.
         
       Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  This action entails a restoration of grade to E5. The analyst determined that the reason for discharge was fully supported by the record and therefore remains both proper and equitable.
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 24 Mar 10         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 characterization of service was too harsh based on the applicant’s length and quality of his service to include his combat service and the circumstances surrounding his misconduct and as a result it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined that the reason for discharge was proper and equitable and voted not to change it.  This action entails restoration of grade to E-6/SSG.

        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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: E-6
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090010542
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