Applicant Name:  ?????

Application Receipt Date: 2009/11/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents (4) submitted by the applicant.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   Yes, the applicant accepted the tender offer on 2010/04/12.

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 081020
Discharge Received: 			   Date: 081114   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: Charlie Company, 9th Engineer Battalion, 172nd Infantry Brigade, Germany, APO, AE 

Time Lost: The applicant was confined for a total of 44 days as part of his punishment from two summary court-martials; however, the DD Form 214, item 29; Time Lost, does not reflect the two periods of confinement.

Article 15s (Charges/Dates/Punishment): 081003, Wrongfully used Tetrahydrocannabinol, a Schedule I controlled substance between on or about 080608 and on or about 080708; forfeiture of $673.00 pay per month for two months, suspended, to be automatically remitted if not vacated before 10 March 2008; extra duty and restriction for 45 days (FG)

Article 15; 060706, In that he did treat with contempt SFC, a noncommissioned officer on or about 060621; (DA Form 2627 continuation sheet is not in the available record); reduction to Private (E-1); forfeiture of $297.00 pay per month for two months; extra duty and restriction for 45 days (CG)

Article 15; 060426, Wrongfully used marijuana between on or about 060223 and 060323; reduction to the grade of Private (E-1); forfeiture of $636.00 pay per month for two months; extra duty and restriction for 45 days (FG)

Article 15; 060322, In that he did treat with contempt SGT, a noncommissioned officer on or about 060306; (DA Form 2627 continuation sheet is not in the available record).   

Courts-Martial (Charges/Dates/Punishment): Summary Court-Martial; adjudged 071031, for failing to go to his appointed place of duty on or about 071006, and and wrongfully used marijuana between on or about 070703 and on or about 070802; he was sentenced to reduction to Private (E-1), confinement for 30 days. 

Summary Court-Martial; adjudged 080806, for disobeying a noncommissioned officer x 2; and wrongful use of a controlled substance; he was sentenced to confinement for 14 days; forfeiture of $897.00 pay per month for one month. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 050726    Current ENL Term: 3 Years  16 Weeks
Current ENL Service: 	3 Yrs, 3 Mos, 19 Days ?????
Total Service:  		3 Yrs, 3 Mos, 19 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 21B10 Combat Engineer   GT: 83   EDU: HS Grad   Overseas: Germany/Southwest Asia   Combat: Iraq (060901-070616)
Decorations/Awards: ARCOM, NDSM, GWTSM, ASR, OSR (2)

V.  Post-Discharge Activity
City, State:  J
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 20 October 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c (2), AR 635-200, by reason of misconduct-commission of a serious offense; in that he has a history of failing to report to his assigned place of duty; willfully disobeying orders from noncommissioned officers; being drunk and disorderly; testing positive for the use of a controlled substance on six separate occasions: once for the use of MDMA (ecstasy) on 080527; and five times for the use of marijuana, on 060323; 070802; 080104; 080708; and 081016, with an under other than 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 a statement 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 an under other than honorable conditions discharge.  On 30 October 2008, 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, but a general discharge 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, the issue and documents he submitted, the analyst determined that the characterization of service is improper.  
       
       The analyst noted that the government introduced into the discharge packet the results of a biochemical test that was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan.  This is limited use information as defined in AR 600-85.  Use of this information mandates award of a fully honorable characterization of service.  
       
       Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.   
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 12 April 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Disabled American Veterans
                 PO Box 927
                Jackson, MS 39205

Witnesses/Observers: NA 

Exhibits Submitted: The applicant submitted a copy of his Mental Status Evaluation, Recommendation for an Award and his Counseling Statement.

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 noted that the government introduced into the discharge packet the results of a biochemical test that was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan.  This is limited use information as defined in AR 600-85.  Use of this information mandates award of a fully honorable characterization of service.  Use of this information mandates award of a fully honorable discharge.  Accordingly, the Board voted to change the characterization of service to fully honorable.  However, the board found that the reason for discharge was fully supported by the record and voted not to change it. 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090020248
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