Applicant Name:  ?????

Application Receipt Date: 2010/07/20	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he is sending this request to change his RE code from a 2 to a 1 so that he can reenlist. He understands that what he did was wrong and he is very sorry. He loved the Army more than anything and it is his whole life. He wants to make a career out of it, go to Afghanistan and get back on his tank. He wants to be able to work in the motor pol all day long again. The choice he made to use drugs 2 years ago was childish and incompatent. He has been sober of drugs and alcohol since the day he was discharged. He will never again touch any form of drugs. Getting discharged from the one thing he loved, made him learn his lesson. The Army is everything to him and he wanted it every since he was a kid. He loved everything about the Army, the PT, the work, the hardship it involves, and he really wants to go back. He talked to recruitersalmost daily, just because he know that’s where he is suppose to be, but he can't get there and miss it so much. He has been clean and sober every since he got into trouble and if permitted to go back and reenlist, it will never happen again. Some people loose houses and family members to drugs and alcohol before they stop, he lost the Army and that was all it took. He will do anything it takes to get back into active duty, if it means he go back and deploy 2 days later, then he will do it. He does not blame his SGT's or LT or CO, he was the one who made the choice and messed up. He is very sorry for his actions and can guarentee that it will never happen again, if he is allowed to reenlist. He will be there for the rest of his life. Please consider his application and consider changing his reentry eligibility (RE) code to a 1.  

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: 080228
Discharge Received: 			   Date: 080314   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: D Company, 3rd Battalion, 67th Armor Regiment, 4th Brigade Combat Team, Fort Hood, TX 

Time Lost: Military confinement from (080206-080229) for 24 days; as part of his punishment imposed from a Summary Court-Martial.

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): 080206, Summary Court-Martial for wrongfully using marijuana between on or about (070923-071023) and wrongfully using cocaine between on or about (071020-071023). He was sentenced to reduction to Private (E-1), forfeiture of $894.00 pay per month for one month, and confinement for 30 days. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 070207    Current ENL Term: 3 Years  18 weeks
Current ENL Service: 	1 Yrs, 0 Mos, 13 Days ?????
Total Service:  		2 Yrs, 8 Mos, 11 Days ?????
Previous Discharges: 	USAR 050609-070206/HD
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 19K10 K4 M1 Armor Crewman   GT: 92   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

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 28 February 2008, 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 (070923-071023) and wrongfully used cocaine between on or about (071020-071023), with a general, under honorable conditions discharge.  He was advised of his rights.  On 28 February 2008, 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.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 29 February 2008, the separation authority waived further rehabilitative efforts and directed that 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 and the issue 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 is requesting that his reentry eligibility (RE) code be changed to 1.  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.  Furhter, 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, to include the reentry eligibility (RE) code was both proper and equitable and recommends to the Board to deny relief. 
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 1 April 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 13 July 2008.

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 AR20100019556
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