Applicant Name:  ?????

Application Receipt Date: 2009/09/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I wish to upgrade my discharge to Honorable so that I may re-enlist in the Army.  I was told that with my current discharge I would have to wait a two year period to re-enlist into the Army.  I was later told by an Army recruiter that if I was to have my discharge upgraded to Honorable, that I would be able to re-enlist ASAP.  I know I had made an embarrassment of myself and the Army and I wish to get back in the Army as soon as possible so that I may redeem myself.  I miss the Army so bad and I feel it had made me a better person, and I regret the mistakes that I made while I was enlisted.  I was arrogant and fell pray to other unruly Soldiers that influenced me to doing bad things, but I do not blame them, I blame myself.  I hope that you will accept my deepest apology and upgrade my discharge so that I may start over in the Armed Forces and become the best Soldier that I could and will be.  Thank you."

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: 080211
Discharge Received: 			   Date: 080319   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: C Btry, 2/5th FA, Fort Sill, OK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070925, Wrongful use of cocaine between (070819 and 070822), reduction to E1; forfeiture of $650.00 pay per month for 2 months ($650.00 suspended); and extra duty and restriction for 45 days, (FG).

071025, the suspension of punishment of $650.00 was vacated for the wrongful use of marijuana (THC) between (070903 and 070918) and the wrongful use of cocaine between (070913 and 070918).

071121, Wrongful use of marijuana (THC) between (070903 and 070918) and the wrongful use of cocaine between (070913 and 070918), forfeiture of $650.00 pay per month for 2 months ($650.00 suspended); and extra duty 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:  21
Current ENL Date: 070123    Current ENL Term: ?? Years  ?????
Current ENL Service: 	01 Yrs, 01Mos, 27Days ?????
Total Service:  		01 Yrs, 01Mos, 27Days ?????
Previous Discharges: 	None
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: 13B10/Cannon Crewmember   GT: 99   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 11 February 2008, 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 having tested positive for cocaine, marijuana, and D-Amphetamine use under multiple company urinalysis on diverse occasions, with a general, under honorable conditions discharge.  
       
       He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit statements 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 a general, under honorable conditions discharge.  On 10 March 2008, 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 analyst noted the applicant's DD Form 214 block 27, reentry eligibility (RE) code reads "3." However, record shows that the applicant was separated under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct—commission of a serious offense for having tested positive for cocaine, marijuana, and D-Amphetamine use under multiple company urinalysis on diverse occasions.  According to AR 635-5-1, Separation Program Designator (SPD)/Reentry (RE) Codes Cross-Reference Table, requires a reentry eligibility (RE) code of "4."  
       
       The applicant's record contains a CID Report, dated, 16 October 2007.

       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 and the issues he submitted, 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 general, under honorable conditions discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.
       
       Furthermore, the analyst noted the applicant's contention that he is a good citizen since discharge, however, the analyst did not find the said contention sufficiently mitigating to warrant an upgrade of the discharge under review.  
       
       Additionally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 27, a reentry eligibility (RE) code of "3."  The analyst recommends that block 27 be administratively corrected to "4."  With a reentry eligibility (RE) code of “4,” the applicant is no longer eligible for reenlistment, as an RE code of “4” cannot be waived.
       
       Except for the foregoing modification to the applicant's reentry eligibility (RE) code, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable. 
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 16 July 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214 for period of service under review and four character letters.

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 directs ARBA Support Division-St. Louis to administratvely change block 27, "Reentry (RE) Code" to "4."  Except for the foregoing modification to the applicant's characterization of service, 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: NA
Other: the Board directs ARBA Support Division-St. Louis to administratvely change block 27, "Reentry (RE) Code" to "4."										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA














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 AR20090015582
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