Applicant Name:  ?????

Application Receipt Date: 2009/11/30	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "The discharge I received in January 2002 was inequatible or unfair.  It was the one I deserved at the time and was based on the final year of an eight year enlistment, seven of those with no adverse action.  Since my separation, I have been a dedicated employee at the Fires Test Directorate (FTD) formally known as the Air Defense Artillery Test Directorate (ADATD) at Fort Bliss Texas from February 2002 to September 2009 with no adverse actions.  I served the last three of those years as a federal employee receiving numerous awards for outstanding performance.  I have also gone to El Paso Community College to earn a real estate license.  My unblemished record since 2002 is a clear representation of the person I am today thus I respectfully request that the board upgrade my discharge from General to Honorable.  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: 011022
Discharge Received: 			   Date: 020123   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: HQ & HQ Battery, 35th Air Defense Artillery Brigade, Fort Bliss, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 010928, wrongfully used marijuana between on or about (010221-010321); reduction to E4, forfeiture of $826 pay per month for two months, suspended to be automatically remitted if not vacated before (011029), restriction and 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:  23
Current ENL Date: Reenl/990505    Current ENL Term: 4 Years  ?????
Current ENL Service: 	2 Yrs, 08Mos, 19Days ?????
Total Service:  		8 Yrs, 06Mos, 22Days ?????
Previous Discharges: 	USAR 920826-930701/NA
                                       RA      930702-990504/HD
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 27X1P Patriot System Rep/ 11B1P Infantryman   GT: 109   EDU: HS Grad   Overseas: Panama (940103-940814-prior svc); Korea (990418-000425)   Combat: None
Decorations/Awards: ARCOM, AAM x2, AGCM x2, NDSM, HSM, ASR, OSR, EIB

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated in his issue that he has been employed with the Fire Test Directorate at Fort Bliss, TX for seven years and attended El Paso Community College to receive a license in Real Estate.



VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 22 October 2001, 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 marijuana between on or about (010221-010321), 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, requested consideration of his case by an administrative separation board and did not submit a statement in his own behalf.  On 20 December 2001, the applicant again consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharger 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. 
       
       On 20 December 2001, the separation authority approved the conditional waiver submitted by the applicant, waived further rehabilitative efforts and directed 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, the issue and documents submitted with the application, the analyst found no mitigating factors which 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.  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 his service below that meriting a fully honorable discharge.  
       
       The applicant contends that since leaving the Army, he has been employed continuously since 2002; for seven years he held a position with the Fires Test Directorate (FTD) at Fort Bliss, TX and attended El Paso Community College to receive a license in Real Estate.  
       
       The Army Discharge Review Board acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined in his application and in the documents with 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 characterization of service granted.  Further, the Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge.  There is no law or regulation, which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in the civilian life subsequent to leaving the service.  
       
       
       
       Additionally, outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review, is considered during Board proceedings.  The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character.
       
       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: 15 September 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214, Character reference letters (4 pages), Certificates of Completion in Real Estate (4 pages), Certificate of 10 Years in the Federal Government (1 page), Certificates of Achievement, Appreciation and Merit (3 pages)

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 AR20090020640
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