Applicant Name:  ?????

Application Receipt Date: 2010/03/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I am very aware that the night that I committed this serious misconduct I was wrong on every level, and disrespected myself and the Army that I love, and every morning I wake up I am reminded of this.  In my military career I did make many very solid, right decisions, such as completing and earning my Ranger Tab, Sniper MOS identifier, and Expert Infantryman's Badge.  99% of the time I was in the Army, I made correct and meaningful decisions. 

Before this offense I had never had even a negative counseling statement on any level.  Since the day I entered the Army I began making sound decisions, and even as a new recruit I distinguished myself as a leader and consequently earning Honor Graduate for my Basic Training class. 

Two months before my misconduct I was selected to represent my battalion as the enlisted soldier of the year for our brigade competition, and I did so very well.  I maintained optimum physical performance status throughout my military career, including during my 45 days extra duty and restrictions.  Even today, I maintain my body in hope that I too will someday have a chance to don the uniform that I hold so near to my heart. 

Every time I see a conflict on the television and think about the skills that I have, that I can not use, it digs deep into my heart.  What happened I can not change, whether the memory is clear of the events of the evening or not, I put myself in a situation where I was not surrounded by warriors, but rather cowards.  I have been reminded of this for 180 days, and not a night goes by that I would give anything to change it.  I just hope that my military background and the potential I had is enough to prove that there was no drug abuse at all, but a mere wrong decision amongst a career full of correct ones. Thank you and god bless."

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: 090717
Discharge Received: 			   Date: 090813   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: HQ & HQ Company, 1st Battalion, 325th Airborne Infantry Regiment, 2nd Brigade Combat Team, 82nd Airborne Division, Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 090618, wrongfully used cocaine between on or about (090504-090511), reduction to Private (E-1), forfeiture of $699.00 pay per month for 2 months, 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:  20
Current ENL Date: 061002    Current ENL Term: 4 Years  21 weeks
Current ENL Service: 	2 Yrs, 10 Mos, 12 Days ?????
Total Service:  		2 Yrs, 10 Mos, 12 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B1P Infantryman   GT: 125   EDU: 13 Years   Overseas: None   Combat: None
Decorations/Awards: AAM (2), NDSM, GWTSM, ASR, EIB, C/Ach


V.  Post-Discharge Activity
City, State:  ?????
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 17 July 2009, 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 wrongfully used cocaine between on or about (090504-090511), 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 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 a general, under honorable conditions discharge.  On 29 July 2009, 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 received two General Officer Memorandum of Reprimands for driving while under the influence of alcohol dated 6 November 2007, and for operating a motor vehicle while intoxicated dated 16 October 2007, both administrative. 

       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 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 his service below that meriting a fully honorable discharge. 
       
       The analyst noted the applicant's issue that he hopes that someday he will have the chance to wear the uniform that he holds so dear to his heart.  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, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment.   
       
       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: 5 November 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 4 March 2010, Certificate's of Achievement and Completion, with various dates, Letter of Recommendation dated 12 February 2009, copy of his Enlisted Record Brief (ERB), Memorandum nominating the applicant as the Brigade Trooper of the Year, dated 1 April 2009, and a copy of his DD Form 214 for the period of service ending 13 August 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 AR20100010324
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