Applicant Name:  ?????

Application Receipt Date: 2009/07/06	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "In spite of my obvious breach of the NCO creed, the trust of my teammates, and fellow soldiers, I served my country faithfully and without reservation for a total of 14 years.  In addition, I demonstrated my loyalty to my assigned unit, the U.S. Army and my country through a mission first, people always mentality. This mentality is proven time and again in my NCO evaluation reports and award citations. I was also a proud member of the U.S. Army Parachute Team, the "Golden Knights" where I performed aerial demonstrations for millions of spectators in support of Army public relations and recruiting. Additionally I represented the U.S. Army and The United States of America in competitive skydiving events for seven years.  While on the Golden Knights I helped win 15 National Championships and one World Cup Championship. My career in the U.S. Army was the most rewarding and challenging aspect that my life has ever seen. I believe that up to the point of my only Article 15 my career provides proof that I truly do believe every U.S. citizen should at one time serve a purpose greater than themselves. My lack of professionalism one weekend and the event that cost me my career weigh on my mind even now as I write this. I will always carry with me the regret of not finishing what I started, a life of service to my country. I am a young man at 38 years old. I was a senior NCO, a position respected throughout the U.S. Military. A position I held with honor and determination. In the civilian world I will always bring to bear the mental and physical resources I developed in the Army. My service record and rank at discharge alone help make me an attractive job candidate. I ask that this board reclassify my discharge status to Honorable to help add to that attraction and qualify my outstanding service. I am also requesting this so I will not find myself sacrificing all my years of service, for a brief loss of sound judgment.

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: 040129
Discharge Received: 			   Date: 040227   Chapter: 14-12c       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: USA PRCHT TM, Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 031217, Wrongful use of cocaine (031104), extra duty 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:  31
Current ENL Date: 011218    Current ENL Term: Indefinite Years  ?????
Current ENL Service: 	02 Yrs, 02Mos, 10Days ?????
Total Service:  		14 Yrs, 07Mos, 22Days ?????
Previous Discharges: 	RA-890706-921209/HD
                                       RA-921210-941227/HD
                                       RA-941228-981005/HD
                                       RA-981006-011217/HD
Highest Grade: E7		Performance Ratings Available: Yes    No 
MOS: 63B4P/Light Wveh Mech   GT: 127   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: AAM-4, AGCM-2, NDSM, NCOPDR-2, ASR, OSR

V.  Post-Discharge Activity
City, State:  Raeford, NC
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 29 January 2004, 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 the wrongful use of cocaine, 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, 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 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.  
       
       The separation authority's approval memorandum approving the conditional waiver request and waiving further rehabilitative efforts directing that the applicant be discharged with a characterization of service of general, under honorable conditions is not contained in the available record, the analyst presumed government regularity in the discharge process.  Further, evidence of record shows that on 23 February 2004, DA, XVIII Airborne Corps and Fort Bragg, Fort Bragg, NC, Orders 054-0254, discharged the applicant from the regular Army, effective date: 27 February 2004.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 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 military record during the period of enlistment under review, the documents, and the issues submitted with the application, the analyst determined that the discharge was both proper and equitable.  
       
       The analyst determined that the applicant’s discharge was appropriate because the quality of service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  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 acknowledges the applicant's many inservice accomplishments outlined with the application and in the documents with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
       
       In view of the foregoing, the analyst determined that the characterization of service and reason for discharge 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: 12 July 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: NCO Evaluation Reports (8) ; DA Form 1059 Service School Academic Evaluation Report 28 February 1997; Good Conduct Medal Award Order (4th Award); Recommendation for Award dated 17 September 2002 and 2 November 2001.

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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
















Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090011309
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