Applicant Name:  ?????

Application Receipt Date: 2009/07/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant in effect requests an upgrade of his discharge to fully honorable.  Unable to obtain employment.  Desires to receive benefits under the G.I. Bill.  Also, seeking acquittal of all punishments administered during Article 15 proceedings and repayment of forfeited funds; restore rank, status and all merit upgrades as if the Article 15 was never imposed on him. 

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: 950425
Discharge Received: 			   Date: 950804   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: D Btry, 2-5th  ADA Bn, Fort Hood, TX  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 950321, wrongfully using cocaine (950131-950206); reduction to E-1, forfeiture of $427 pay x 2 months, and extra duty for 45 days (FG).

940503, wrongfully using marijuana (940314-940414); reduction to E-1, forfeiture of $416 pay x 2 months (suspended), and extra duty for 45 days (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  29
Current ENL Date: 921030    Current ENL Term: 03 Years  ?????
Current ENL Service: 	02 Yrs, 09Mos, 05Days ?????
Total Service:  		03 Yrs, 06Mos, 05Days block 12d on the applicant's DD Form 214 total prior active service, reads 00 Yrs, 09 Mos, 00 Days.  However, this service could not be verified based on the available records.
Previous Discharges: 	ARNG-920131-920131/UNC
                                       USAR-920814-921029/NA
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 14S10 Avenger Crewmember   GT: 96    EDU: 3 Years College   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  Carolina, PR 
Post Service Accomplishments: The applicant submitted a document that shows he was employed as a picker/ packer and fill-in driver for L.I. Electrical Distributing Company.






VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 24 April 1995, 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 commission of a serious offense for testing positive for controlled substances on two separate occasions, with an under other that honorable conditions discharge.  He was advised of his rights.
         
       On 25 April 1995, 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 general, under honorable conditions and did not submit a statement in his own behalf.  
       
       The separation approving authority disapproved the applicant's request for conditional waiver and referred the separation action to an administrative separation board.
       
       The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The applicant's chain of command reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  
       
       The applicant again consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board, and did not submit a statement in his own behalf.  
       
       On 7 July 1995, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than 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 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 fully honorable discharge.
       
       The analyst noted the applicant's issues; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       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.
       
       The issues regarding the applicant's acquittal, restoration of pay, rank, and status does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter.  An application for that Board can be obtained online or from the Veterans Administration.
       
       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: 2 June 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: The applicant submitted a DD Form 149 and the following documents:  Memorandum, State of New York Division of Veterans Affairs, dated (990728); DD Form 293, dated (090725); Self-Authored Statement, dated (0907150; Statement of Appeal, dated (090715); DA Form 2627 and Continuation Sheet (Record of Proceedings Under Article 15 UCMJ), dated (950321); Record of Dental Care; five (5) Supporting Statements, dated (No Date), (950310), (950208), (950324), (950313); six (6) Character Statements, dated (991019), (991207), (991207), (010905), (020307), (041208); White House Letter, dated (030627); DD Form 214, dated (950804).  

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 AR20090013071
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