Applicant Name:  ?????

Application Receipt Date: 2010/01/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states in effect, that he has stayed clean now for almost 3 years. He is going to school full time at Southeast Community College and he is qualified for CPR,Medicine Distributor, and First Aid.  

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: 070420
Discharge Received: 			   Date: 070609   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: 68th Transportation Company, 28th Transportation Battalion, CMR 418, APO AE Germany 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070108, wrongfully used marijuana between on or about (060926-061026), reduction to Private First Class (E-3), forfeiture of $750.00 pay per month for 2 months, suspended, to be automatically remitted if not vacated before (060709), extra duty and restriction for 45 days (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 050126    Current ENL Term: 3 Years  17 weeks
Current ENL Service: 	2 Yrs, 4 Mos, 14 Days ?????
Total Service:  		2 Yrs, 4 Mos, 14 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 88M10 Motor Transport   GT: 92   EDU: HS Grad   Overseas: Southwest Asia, Germany   Combat: Iraq (050806-060808)
Decorations/Awards: NDSM, GWOTSM, ICMDL, ASR, OSR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated in his issue that he has stayed clean now for almost 3 years; he is going to school full time at Southeast Community College and he is qualified for CPR,Medicine Distributor, and First Aid. 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 13 April 2007, 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; in that he received a positive result on an Army Urinalysis test for THC-69 (marijuana), with a general, under honorable conditions discharge. 
       He was advised of his rights.  The applicant waived 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.  On 23 April 2007, the intermediate commander reviewed the proposed discharge action and recommended disapproval, and that the applicant should receive a rehabilitative transfer. 
       
       On 24 April 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.  On 24 April 2007, the separation authority approved the discharge action and suspended the execution of the approved separation for a period of six (6) months.  On 24 May 2007, the separation authority vacated the suspension of the separation action and directed that the separation be executed, based on the applicant's offense of: drunk driving on (070426). 
       
       The applicant received two (2) General Officer Memorandum of Reprimand's for wrongful use of marijuana on (061022), dated 10 January 2007, (Administrative), and the other one for operating a vehicle under the influence of alcohol on (070426), dated 11 May 2007 (Administrative). 

       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 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.  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 issue that he has stayed clean for almost 3 years and he is going to school full time at Southeast Community College and he is qualified for CPR,Medicine Distributor, and First Aid.  The analyst acknowledges the applicant's successful transition to civilian life and the many accomplishments outlined in his application and in the documents with his application.  
       
       The applicant is to be commended for his efforts.  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. 
       
       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: 8 October 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 5 January 2010, Copies of his course completion certificates with various dates, and a copy of his college transcript dated 20 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 AR20100007244
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