Applicant Name:  ?????

Application Receipt Date: 2009/10/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states in effect that his discharge was inequitable because it was based soley on incidents that occurred during a short span during the final months of his 51 months of service.  Since his discharge he has successfully accomplished civilian employment accolades. 

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: 050208
Discharge Received: 			   Date: 050316   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: 313th MI BN, 82nd ,Ft Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050120, wrongful use of cocaine (041103); reduction to E5, forfeiture of $1000 pay for month for two months, 45 days extra duty and restriction (FG).

050225, disobeyed a lawful order (050220); reduction to E4, forfeiture of $938 per month for two months, extra duty and restriction for 45 days (FG).

050314, wrongful use of cocaine (050222); reduction to E1, forfeiture of $617 pay for month for two months, suspended to be automatically remitted if not vacated before 050514 (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: 000517    Current ENL Term: 5 Years  1 month extension (040820)
Current ENL Service: 	4 Yrs, 10Mos, 00Days ?????
Total Service:  		4 Yrs, 10Mos, 00Days ?????
Previous Discharges: 	None
Highest Grade: E6		Performance Ratings Available: Yes    No 
MOS: 97B10 CI Agent   GT: 110   EDU: HS Grad   Overseas: SWA   Combat: Iraq (030821-040404) and Afghanistan (020710-030110)
Decorations/Awards: ARCOM x2, AGCM, NDSM, GWOTEM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant submittted his resume' from Oct 06-Jan 09.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on  8 February 2005, 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 wrongful use of cocaine on two occasions (041130 and 050104), with a general, under honorable conditions discharge.  
       He was advised of his rights.  The applicant's election of rights are not contained in the available record and the analyst presumed government regularity.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  
       On 10 February 2005, the separation authority approved the discharge with a general, discharge and suspended the separation until 050617.  On 22 February 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.

       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 applicant’s record of service during the period of enlistment under review and the issue and documents 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 special trust and confidence placed in a non-commissioned officer (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 the misconduct diminished the quality of service below that meriting a fully honorable discharge.  
       Furthermore, the analyst noted that even though a single 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 a single incident provides the basis for a characterization.  The analyst having examined all the circumstances determined that the applicant's single 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 single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge. 
       Further, the analyst noted the applicant issue and the record does not support the issue that the applicant suffers from Post Traumatic Stress Disorder and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.  
       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: 24 May 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Yes

Witnesses/Observers: NA 

Exhibits Submitted: The applicant submitted a document with two issues (3 pages) his Enlisted Record Brief, and his DD Form 214.

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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090017551
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