Applicant Name:  ?????

Application Receipt Date: 2009/07/20	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "Well, first off, i've been in the military for almost seven years, been deployed to iraq three times, And never been in trouble before either military or civilian. During my last tour I was chosen to become the UPL (Unit Prevention Leader). It was a great honor to be picked for the postition. The reason I think my discharge should be changed is because i haven't been in troulbe once unitl the incident where i was discharge from the military. I was the UPL the time of our monthly piss test, excuse the languane, I could of still been in the army like nothing had ever happened. But I did and do have interigty and didn't cover up my piss test, Becuase i knew i had make a big mistake doing the drugs and was willing to face the consequences. I never wanted to leave the military, But it happened that way."

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: 090526
Discharge Received: 			   Date: 090612   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: A Trp, 1-75th Cav Regt, Fort Campbell, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 090224, Wrongful use of marijuana (081213-090112); reduction to E-4, forfeiture of $1,109 pay x 2 months, extra dutry for 45 days, 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:  22
Current ENL Date: 060321    Current ENL Term: 05 Years  ?????
Current ENL Service: 	03 Yrs, 02Mos, 22Days ?????
Total Service:  		06 Yrs, 04Mos, 21Days ?????
Previous Discharges: 	RA-030122-050223/HD
                                       RA-050224-060320/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 19D10 Cavalry Scout   GT: 84   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (030801-040803), (051001-060916), and (071016-081116)
Decorations/Awards: ARCOM-3, AAM, AGCM-2, NDSM, ICM-W/3 CS,GWOTEM, GWOTSM, NCOPDR, ASR, OSR-3, CAB, USA/USAF PUC

V.  Post-Discharge Activity
City, State:  Clarksville,TN 
Post Service Accomplishments: The applicant submitted a document that indicates enrollment at Kaplan University.




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 26 May 2009, 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 testing positive for marijuana (081213-090112), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 28 May 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, 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 general, under honorable conditions discharge.  
       
       On 3 June 2009, 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, 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 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 diminished the quality of his service below that meriting a fully honorable discharge.
       
       After a full consideration of all faithful and honorable service as well as the infraction of discipline, the extent thereof, and the seriousness of the offense.  The analyst concluded that the discrediting entry in the applicant's record was not outweighed by service of sufficient merit to warrant a change to the discharge being reviewed.
       
       The analyst noted the applicant's accomplishments prior to and after his active service.  The applicant is to be commended for his effort.  However, these accomplishments do not provide the Board a basis uypon which to grant relief.
       
       Even though a single 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 a single incident provides the basis for a characterization.  
       
       The analyst having examined all the circumstances determined that the applicant's single 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 single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge.
       
       Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends that the Board deny relief. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 24 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 293, dated (090612); AKO Webmail Page, Two (2) pages; and Enlisted Record Brief (ERB). 

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 1    No change 4
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 AR20090012310
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