Applicant Name:  ?????

Application Receipt Date: 2009/07/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that his discharge was based on two isolated incidents and that he was not afforded the opportunity for rehabilitation.

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: 061207
Discharge Received: 			   Date: 070111   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: B Battery, 3rd Battalion, 6th Field Artillery Regiment, Fort Drum, NY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060313; failed to go to his appointed place of duty on or about 060214; forfeiture of $495.00 pay, suspended, to be automatically remitted if not vacated before 060411; extra duty and restriction for 14 days, suspended, to be automatically remitted if not vacated before 060411; and a oral reprimand (CG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: Reenl/040302    Current ENL Term: 6 Years  ?????
Current ENL Service: 	2 Yrs, 10 Mos, 9 Days ?????
Total Service:  		6 Yrs, 2 Mos, 3 Days ?????
Previous Discharges: 	RA 001109-030226/HD
                                       RA 030227-040301/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 13B10 Cannon Crewmember   GT: NIF   EDU: GED Cert   Overseas: Southwest Asia/Macedonia (011102-020515)    Combat: Afghanistan (030817-040501); Iraq (050813-060716)
Decorations/Awards: ARCOM (2), AAM, GCMDL, NDSM, GWTEM, GWTSM, ICMDL, ASR, OSR (2), CAB, MUC 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 7 December 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that he wrongfully possessed a certain amount of marijuana on or about 060928; wrongfully used marijuana x 2 on or about 060903 and on or about 061003; and failed to report to the Atlanta International Airport R & R Processing Site on 060214 to return to Iraq, with an under other than 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 a general, under honorable conditions discharge.  
       
       The applicant 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 an under other than honorable conditions discharge. 
       
       On 19 December 2006, the senior intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 22 December 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under 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, but a general discharge 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, and the issue submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The analyst determined that the applicant’s discharge was appropriate because the quality of his 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 his service below that meriting a fully honorable discharge. 
       
       The analyst noted the applicant's issue that his discharge was inequitable because it was based on two incidents in six years of outstanding service.  Even though it was two incidents in six years of outstanding military service, the analyst concluded that the discrediting entries constituted a departure from the standards of conduct expected of a non-commissioned officer (NCO) in the Army. 
       
       The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by misconduct provides the basis for a characterization.  Having examined all the circumstances, the analyst determined that the applicant's incidents of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline. 
       
       These incidents of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge. 
       
       Further, the applicant contends that he was not afforded an opportunity for rehabilitation; however, the evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of nonjudicial punishment.  The applicant failed to respond appropriately to these efforts.  Therefore, the analyst determined that 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: 26 May 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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change















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 AR20090012111
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