Applicant Name:  ?????

Application Receipt Date: 2010/08/17	Prior Review:     Prior Review Date: 090501/Deny/5-0    

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I would like to have an honorable but if the records will not support then I would like the narrative reasonf for seperation to be taken off.  I am currently 50% PTSD and was awarded this at discharge, and now unable to work because of the condition and medication I take.  I was considered to be a squared away soldier, never got in trouble but this one time.  I served in Iraq, been to Korea and completed several missions and always gave 110% in each mission.  I was a gunner, TC, and was given some mission's to me & some buddies that were Top Secret and needed trusting soldier's to complete the mission's.  I have several ribbons and conduct medal's & coins, I believe in second chances and I am asking for another one please".

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: 070523
Discharge Received: 			   Date: 070621   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: B Co, 46th Engineer Bn, Ft Rucker, AL 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070309, on or about (070214-070220) wrongfully used cocaine, reduction to E2, forfeiture of $729 for two months, suspended to be automatically remitted if not vacated before 070904, 21 days in correctional custody, oral reprimand (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 060223    Current ENL Term: 6 Years  ?????
Current ENL Service: 	1 Yrs, 03Mos, 28Days ?????
Total Service:  		5 Yrs, 06Mos, 00Days ?????
Previous Discharges: 	ARNG 021220-040524/HD
                                       IADT 030223-031001/HD
                                       RA 040525-060222/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 21E10 Hvy Const Equip Oper   GT: NIF   EDU: GED   Overseas: Korea, SWA   Combat: Iraq (051021-061011)
Decorations/Awards: ARCOM, AAM, AGCM, NDSM, KDSM, ICM, ASR, OSR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 23 May 2007, 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 based on the fact of a positive test for the use of cocaine on (070220), 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 14 June 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.

       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 and documents submitted with the application, the analyst determined that the discharge was both proper and equitable.  
       
       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 service below that meriting a fully honorable discharge.  
       
       Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine 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 if appropriate.  
       
       The analyst acknowledges the applicant's in Service accomplishments outlined with the application and in his military record.  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 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: 19 April 2011         Location: Atlanta, GA

Did the Applicant Testify?  Yes     No  

Counsel: The American Legion
                 1700 Clairmont Road
                 Decatur, GA 30033   

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 dated 12 August 2010, Self Authored Statement undated, five Character Reference Letters, with various dates, Letter of Appreciation from the Naval Brig/CCU, NAS Pensacola, dated 4 May 2007. 

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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 2    No change 3
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 AR20100021721
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