Applicant Name:  ?????

Application Receipt Date: 2009/11/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I server my first enlistedment honestly and since being discharger from the army I have been an honest law biding citizen.  I have graduate from college getting and associates degree in Occupational Technology, a diploma un electronics and certificate in basic eletrical wiring from Midlands tech, in Columbia south carolina.  I have held an full time job for the last 3 years will going to school full time.  An now would like to possibly reenter the militarty in the South Carolina national guard."

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: 031030
Discharge Received: 			   Date: 031225   Chapter: 14-12c       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: Medical Company A, Tripler Army Medical Center, Tripler AMC, Hawaii 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 030823, wrongfully used marijuana between on or about (030705-030805); reduction to Private (E-2); forfeiture of $600.00 pay per month for 2 months, suspended, to be automatically remitted if not vacated before (040224); extra duty and restriction for 45 days, suspended, to be automatically remitted if not vacated before (040224) (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: Reenl/010906    Current ENL Term: 4 Years  ?????
Current ENL Service: 	2 Yrs, 3 Mos, 20 Days ?????
Total Service:  		5 Yrs, 4 Mos, 22 Days ?????
Previous Discharges: 	RA 980804-010905/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 91G10 Patient Administrative Spec   GT: NIF   EDU: HS Grad   Overseas: Hawaii   Combat: None
Decorations/Awards: AGCM, NDSM, NCOPDR, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated in his issue that he has graduated from college, getting an Associate's Degree in Occupational Technology, a Diploma in Electronics and a Certificate in Basic Electrical Wiring from Midlands Tech, in Columbia, South Carolina.  Also, he stated that he has held a full time job for the last 3 years. 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 23 October 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; abuse of illegal drugs; in that he wrongfully used marijuana between on or about (030705-030805), 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 submitted 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 a general, under honorable conditions discharge.  
       
       On 6 November 2003, 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 letter of reprimand, which he received for driving while under the influence of alcohol dated 18 October 2000, (Administrative), and a CID Report of Investigation; in reference to the applicant's offense of wrongful use of marijuana dated 21 August 2003.  

       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, and the issue submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The analyst determined that the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By the misconduct, the applicant diminished the quality of his service below that meriting a fully honorable 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. 
       
       The analyst noted the applicant's issues that he served his first enlistment honestly and since being discharged from the Army, he has been an honest law abiding citizen; graduated from college with an Associate's Degree in Occupational Technology; has a Diploma in Electronics and a Certificate in Basic Electrical Wiring from Midlands Tech, in Columbia, South Carolina.  Also, he has held a full time job for the last 3 years while going to school full time, and now he would like to possibly reenter the military in the South Carolina National Guard.
       
       The analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined in his application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and the characterization of service granted.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 
       
       The analyst considered the applicant’s quality of service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of discharge.  Further, if the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes. 
       
       Therefore, the analyst determined that 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: 30 August 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: The applicant submitted an on line application dated 13 November 2009. 

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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change















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 AR20090020304
______________________________________________________________________________


Page 1 of 3 pages