Applicant Name:  ?????

Application Receipt Date: 2009/11/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149 and supporting documents submitted by the applicant in lieu of DD Form 293.

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: 080627
Discharge Received: 			   Date: 080724   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: HHB, 3/6th FA, 1st BCT, FOB Warrior, Iraq 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080614, violated a lawful general order by wrongfully purchasing, possessing and using a controlled substance (080328-080428), wrongfully used Xanx and Dianabol (080328-080428), possessed some amount of Xanax & Dianabol (080428), wrongfully solicit a soldier to disobey a lawful general order to purchase Xanax and Dianabol (080328-080428); reduction to E1, forfeiture of $673 pay for two months, extra duty 45 days (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  30
Current ENL Date: 061016    Current ENL Term: 2 Years  ?????
Current ENL Service: 	1 Yrs, 09Mos, 08Days ?????
Total Service:  		4 Yrs, 05Mos, 07Days ?????
Previous Discharges: 	RA 040218-061015/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 25U10 Sig Supt Sys Spec   GT: 120   EDU: 2 yesr College   Overseas: SWA   Combat: Iraq (070906-081230)
Decorations/Awards: ARCOM, AGCM, NSM, ASR, ICM w2BSS

V.  Post-Discharge Activity
City, State:  Albertville, AL
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 22 June 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12, AR 635-200, by reason of misconduct commission of a serious offense, wrongfully used Xanax and Dianabol a controlled substance (080328-080428), violated a lawful general order by wrongfully purchasing, possessing and using controlled substances (080328-080428), wrongfully solicited a soldier to disobey a lawful general order to purchase controlled substances (080328-080428), with a general, under honorable conditions discharge.  
       He was advised of his rights.  On 23 June 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action and did not submit 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 a general, under honorable conditions discharge.  
       On 28 June 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.

       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 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 service below that meriting a fully honorable discharge.  
       The analyst acknowledges the applicant's diagnosis of PTSD from the VA dated 14 August 2009; however, in review of the applicant’s entire service record, the analyst found that this diagnosis did not overcome the reason for discharge and characterization of service granted.  
       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: 7 April 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA













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 AR20090020128
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