Applicant Name:  ?????

Application Receipt Date: 2009/07/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable.  (1).  He has not had any issues prior or since this isolated incident.  (2).  To his knowledge had not direct contact with any substance.  (3).  Believes that the urinalysis test was positive because an aunt cooked items with the substance in it without his knowledge.  (4).  His aunt wrote a statement about her visit and her mental state at the time.  (5).  He was aware of his aunt's extended history of prescription drug  use, but was unaware of her illegal drug use prior to this situation.  (6).  Does not believe that his case was reviewed properly, because if it was he would still be an Army Officer based on issues 1-5.       

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: 	GD   Date: 060518
Discharge Received: 			   Date: 060726   Chapter: 4-2b      AR: 600-8-24
Reason: Unacceptable Conduct	   RE:     SPD: JNC   Unit/Location: HHSB, 6-32nd FA (MLRS), Fort Sill, OK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060223, wrongfully using marijuana (051226-060117); forfeiture of $1,208 pay x 1 month (GO).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 050512    Current ENL Term: 03 Years  ?????
Current ENL Service: 	01 Yrs, 02Mos, 15Days ?????
Total Service:  		01 Yrs, 09Mos, 01Days ?????
Previous Discharges: 	RA-041026-050511/NA
Highest Grade: 0-1		Performance Ratings Available: Yes    No 
MOS: 74A Chemical General   GT: NA   EDU: BA (Liberal Arts)   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 23 March 2006, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, paragraph 4-2b(10), AR 600-8-24, by reason of misconduct.  The applicant was directed to show cause for his retention on active duty for wrongfully using marijuana (051217-060117).  He was advised that he could submit a written rebuttal, resignation in lieu of elimination, request discharge in lieu of elimination, or submit a declination statement.  
       On 27 February 2006, the applicant submitted a rebuttal statement under the provisions of Chapter 4, AR 600-8-24, in lieu of further elimination proceedings.  The applicant was a probationary officer and therefore not entitled to a Board of Inquiry.  
       
       On 18 May 2006, the Commander, U.S. Army Field Artillery Center and Fort Sill, Fort Sill, OK, recommended approval of the applicant's separation action under the provisions of Chapter 4, AR 600-8-24, with a general, under honorable conditions discharge.  
       
       On 5 July 2006, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board, and directed that the applicant be discharged from the U.S. Army with a characterization of service of general, under honorable conditions.
       
       The applicant's record contains a CID Report of Investigation , dated 3 February 2006.

       b.  Legal Basis for Separation:  
       Army Regulation 600-8-24 sets for the basic authority for Officer Transfers and discharges.  Chapter 4 outlines the policy and procedure for the eliminating of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and the interest of national security.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant's military records during the term of service under review, the issues submitted with the application, the analyst determined that the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review.
       
       The evidence of record shows that the separation authority approved the applicant's discharge under the provisions of Chapter 4, paragraph 4-2b, AR 600-8-24, by reason of unacceptable conduct, with a characterization of service of general, under honorable conditions.  
       
       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 Army Officers.  The applicant provided no corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  Further, by his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.
       
       Issue (1) Rejected.  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.
       
       Issue (2) Rejected. The applicant's positive urinalysis test was a result of the command’s random urine testing program to maintain good order and discipline within the unit.  The applicant did not raise this as an issue at the time he received a General Officer Article 15 for wrongdfully using marijuana.
       
       Issues (3-5) Rejected. These issues are not a matter on which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion relating to the discharge process nor is it associated with the discharge at the time of issuance.
       
       Issue (6) Rejected.  The analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       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: 12 July 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: No

Witnesses/Observers: [redacted] 

Exhibits Submitted: None

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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 AR20090012570
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