Applicant Name:  ?????

Application Receipt Date: 2009/07/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant request upgrade of his discharge to honorable; change reentry eligibility (RE) code, and use the  Montgomery G.I Bill for funding undergraduate program at Westwood College.  Also, he relates being unable to support himself due to  unemployment.  The applicant contends his discharge is inequitable because it was based on an isolated incident in 36 months of service with no other adverse action.

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: NIF
Discharge Received: 			   Date: 070815   Chapter: 14-12c(2)      AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: 108th Military Police Company (Airborne), Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070604, Wrongful use of marijuana (072324-070423); reduction to E-1, forfeiture of $650 pay x 2 months, extra duty for 45 days, and restriction for 45 days (suspended), (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 040707    Current ENL Term: 05 Years  ?????
Current ENL Service: 	03 Yrs, 01Mos, 09Days ?????
Total Service:  		03 Yrs, 01Mos, 09Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 31B1P Military Police   GT: 104   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (050301-060112)
Decorations/Awards: ARCOM, NDSM, ICM, GWOTSM, ASR, OSR, CAB

V.  Post-Discharge Activity
City, State:  Hemet, CA 
Post Service Accomplishments: The applicant submitted documents that indicate he enrolled in College.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that 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-abuse of illegal drugs for receiving a Field Grade Article (070531) for wrongful use of marijuana, 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, and did not submit 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. 
         
       On 27 July 2007, 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 applicant's record contains a CID Report of Investigation dated, 7 May 2007.

       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 submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a Soldier.  The applicant, as a Soldier, 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 diminished the quality of his service below that meriting a general, under honorable conditions discharge.  
       
       The analyst noted the applicant's issue that his discharge is inequitable because it was based on an isolated incident in 36 months of service with no other adverse action.  Even though an isolated incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by an isolated incident provides the basis for a characterization.  
       
       The analyst having examined all the circumstances determined that the applicant's isolated incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  This isolated incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge.   
       
       Concerning the applicant's issue of using the Momtgomery G.I.Bill for college.  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.
       
       In reference to the applicant's issue of being unable to support himself because of unemployment.  The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
             Regarding the applicant's request that his reentry eligibility (RE) code be changed to something other than a "4."  At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment.  
       
       Therefore, the analyst determined that the reason for discharge, the characterization of service, to include the  reentry eligibility (RE) code 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 May 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: The applicant submitted the following documents:  DD Form 214, dated (0708150; Self-Authored Statement seven (7) pages, dated (090626); Three (3) Character Statements, dated (090504), (090621), (090623); Westwood College Enrollment Agreement with Addendum, dated (090414); Westwood College Agreement to Binding Arbitration and Waiver of Jury Trial, dated (090414); Westwood College Admission Application;  Westwood College  Performance Fact Sheet; Airborne Course Diploma, date (050204); Memorandum, Positive Drug Test Results, dated (070430); Army Human Resource Systems-Outprocessing Report; California Department of Motor Vehicles Driver's License/Identification Card Information Request, dated (090424); Criminal Court Records Search; Superior Court of California, County of Riverside Case Print five (5) Pages; DA Form 638 (Recommendation for Award, dated (050911); Three (3) DA Form 4856s, dated (061130), (070522), and (070420).

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: None











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 AR20090011953
______________________________________________________________________________

Page 1 of 3 pages