Applicant Name:  ?????

Application Receipt Date: 2009/08/07	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, change his reentry eligibility (RE) code to "1," remove any and all adverse material from his DD Form 214 and Official Military Personnel File (OMPF) related to the unfounded allegations against him, reinstatement in the Army, that his record reflect no break in service, and be awarded back pay for the time between his separation and reinstatement.  Also, he requests upgrade of his discharge based on his exemplary service record, and contends that his career was terminated by an isolated incident.  

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: 061127
Discharge Received: 			   Date: 070204   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: D Co, 168th Med Bn, APO AP 96218 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  30
Current ENL Date: 060426    Current ENL Term: 06 Years  ?????
Current ENL Service: 	00 Yrs, 09Mos, 29Days ?????
Total Service:  		04 Yrs, 09Mos, 26Days ?????
Previous Discharges: 	RA-020429-060425/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 68W20 Health Care Spec   GT: 112   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: AAM, AGCM, NDSM, GWOTSM, KDSM, ASR, OSR-3, EFMB

V.  Post-Discharge Activity
City, State:  Washington, DC 
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 27 November 2006, 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/abuse of illegal drugs for testing positive for marijuana (061002), which was not his first time while on active duty, in that he tested positive for marijuana (0301), while stationed at Fort Benning, GA, with a general, under honorable conditions discharge.  He was advised of his rights.
         
       The applicant waived legal counsel, was advised of the impact of the discharge action, and submitted 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 general, under honorable conditions discharge.  
       
       On 1 February 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions .
       
       The applicant's record contains a Military Police Report, dated 3 October 2006, with additional persons related to report.

       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 infractions of discipline, the extent thereof, and the seriousness of the offenses.  The analyst concluded that the discrediting entries in the applicant's record was not outweighed by prior service of sufficient merit to warrant an upgrade of the discharge being reviewed.
       
       The analyst noted the applicant issue that the offense was isolated.  However, the analyst concluded that the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army.  
       
       Having examined all the circumstances, the analyst determined that the applicant’s numerous 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.
       
       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. 
       
       The applicant's issues regarding regarding removal of any adverse material from his DD Form 214 and Official Military Personnel File (OMPF) related to the unfounded allegations against him, reinstatement in the Army, correction of his record reflect no break in service, and award back pay for the time between his separation and reinstatement,   do 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 these matters.  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, to include his reentry eligibility (RE) code 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: 14 June 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Yes

Witnesses/Observers: NA 

Exhibits Submitted: The applicant submitted a DD Form 149 and the following documents:  Counsel's Brief (8) pages, with Exhibits 1-20 consisting of (53) pages; DD Form 214, dated (070224); and E-Mail Traffic (1) page, dated (100504).

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 AR20090013600
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