Applicant Name: ?????
Application Receipt Date: 2009/07/15 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 submitted by the applicant.
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: 090303
Discharge Received: Date: 090313 Chapter: 14-12c(2) AR: 635-200
Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: Co A, 3/10th Inf FN TR, Ft Leonard Wood, MO
Time Lost: None
Article 15s (Charges/Dates/Punishment): 090207, wrongfully use marijuana (081220); reduction to E1, forfeiture of $699 pay per month for two months, extra duty and restriction for 10 days (FG)
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 18
Current ENL Date: IADT 081105 Current ENL Term: ????? Years 21 weeks
Current ENL Service: 0 Yrs, 04Mos, 09Days Includes 4 days of excess leave (081230-090102)
Total Service: 0 Yrs, 06Mos, 22Days ?????
Previous Discharges: ARNG 080822-081104 (Concurrent Service)
Highest Grade: E2 Performance Ratings Available: Yes No
MOS: None GT: 95 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
City, State: Gaffney, SC
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 3 March 2009, 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 for testing positive for marijuana (090103), with an uncharacterized discharge.
He was advised of his rights. On 5 March 2009, 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 Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an uncharacterized discharge.
On 9 March 2009, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with an uncharacterized discharge.
b. Legal Basis for Separation:
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 of this regulation 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 applicants record of service during the period of enlistment under review and the issue submitted with the application, the analyst determined that the discharge was both proper and equitable.
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 service below that meriting a fully honorable discharge.
Furthermore, 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 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: 20 April 2010 Location: Atlanta, GA
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts 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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090012516
______________________________________________________________________________
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