Applicant Name:  ?????

Application Receipt Date: 2009/06/25	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states that his discharge was the result of a urinalysis conducted as part of his Army ASAP Program and should be upgrade to Honorable.

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: 081118
Discharge Received: 			   Date: 090121   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: C Trp, 3/1Cav, 3d BCT, 3d ID, Fort Benning, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080310, Wrongful use of marijuana between (071214 and 080114), reduction to E4; forfeiture of $1,067.00 pay per month for two months, 45 days extra duty; and 45 days restriction, (FG).

080911, Wrongful use of marijuana between (080608-080707), reduction to E1; forfeiture of $673.00 per month for 2 months (suspended), 45 days extra duty; and 45 days restriction, (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  28
Current ENL Date: 070821    Current ENL Term: 06 Years  ?????
Current ENL Service: 	01 Yrs, 05Mos, 01Days ?????
Total Service:  		09 Yrs, 05Mos, 26Days ?????
Previous Discharges: 	RA-990726-020725/HD
                                       RA-020726-060314/HD
                                       RA-060315-070820/HD
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 19D10/Cavalry Scout/42A20/Human Resources Spec   GT: 116   EDU: HS Grad   Overseas: Korea, Southwest Asia-2   Combat: Iraq-2 (030319-030901 and 061020-071019).
Decorations/Awards: ARCOM-2, AAM-2, AGCM-2, NDSM, GWOTEM, GWOTSM, KDSM, ICM-(w-CS), OSR-2, CAB

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






VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 18 November 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—commission of a serious offense for wrongfully using marijuana x 2 between (080608 and 080707 and 080720 and 080819); and assault on another Soldier by striking him in the face with his fist (081016), with an under other than honorable conditions discharge.  
       
       He was advised of his rights.  On 21 November 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and voluntarily waived consideration of his case by an administrative separation board.  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 commanders reviewed the proposed discharge action and recommended approval with an under other than honorable conditions discharge.  On 3 February 2009, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than honorable conditions.

       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 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 determined that the characterization of service is improper.  
       
       The analyst noted that the government introduced into the discharge packet the results of a biochemical test that was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan.  This is limited use information as defined in AR 600-85.  Use of this information mandates award of a fully honorable characterization of service.
       
       Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst found 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: 5 May 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: The applicant submitted Memorandum to Board dated 25 November 2008; excerpts from separation packet, complete separation packet, excerpt from AR 600-85, and copy of his DD Form 214 in support of his case.



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 noted that the government introduced into the discharge packet the results of a biochemical test that was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan.  This is limited use information as defined in AR 600-85.  Use of this information mandates award of a fully honorable discharge.  Accordingly, the Board voted to change the characterization of service to fully honorable.  However, the board determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.and voted not to change it.  
        
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: 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 AR20090011672
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