Applicant Name:  ?????

Application Receipt Date: 2010/09/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I would like to get my discharge status changed from a general discharge to a honorable discharge for two reasons.  First of all, for personal satisfaction/acceptance and secondly so that I may pursue more ambitious job opportunities without being frowned upon as a result of my discharge status.  During my time in the military, 20060112-20080821, I performed my duties to the best of my abilities.  I STRONGLY regret my decision to yield to the peer pressure (though I do take full responsibility of my actions) of persons I had associated with before joining the military.  Throughout my time in the Army, I never received (or conducted myself in a manner that was deserving of) an kind of negative counseling, other than the decision to ingest marijuana on 20080619 while on leave.  I joined the Army in hopes of diverting myself from a self destruction path, to fulfill my duty as a citizen of this great nation, and to fulfill my personal life long desire to serve in the United States Armed Forces.  During my time of service, I learned tremendous amounts, not only about my specific MOS (11B1P) but also about my potential, the potential of anyone who is willing to put for the effort and not give in, what it means to be an American, what it truly mean to be brothers in arms, and above all, the importance of mental strength whether it be in relevance to never surrendering and fighting on to the objective, or the mental strength and will to resist any pathetic and self diminishing acts.  Since my discharge, I have been attending [redacted] University with the plan to soon transfer to [redacted] University and earn mechanical engineering and civil engineering degrees.  Throughout the summers I have been under the employment of [redacted].  While under his employment, I have primarily done sand blasting but have also used other skills I have built to provided assistance with farm, house. and automotive care/repair.  I plan to start an internship with [redacted] Technologies at the end of this upcoming semester and hopefully a career with them after completing my degrees.  "

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: 080730
Discharge Received: 			   Date: 080821   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: D Co, 1/75th Ranger Regiment, HAA, GA  

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 060112    Current ENL Term: 03 Years  19 Weeks
Current ENL Service: 	02 Yrs, 07Mos, 10Days ?????
Total Service:  		02 Yrs, 07Mos, 10Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 113   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  Kearneysville, WV
Post Service Accomplishments: The applicant states: "Since his discharge, he has been attending [redacted] University with the plan to soon transfer to [redacted] University and earn mechanical engineering and civil engineering degrees."

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 30 July 2008, 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 having tested positive for use of marijuana (080630), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 5 August 2008, 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 Army and waiver of further rehabilitative efforts.  
       
       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 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 a careful review of all the applicant’s military records during the period of enlistment under review, the documents, and the issues he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       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 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 of wanting an upgrade of his discharge so that he may be able to pursue more ambitious job opportunities.  However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       In view of the foregoing, 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: 13 May 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None 

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 and DD Form 214 for the period of service under review.

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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA


















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 AR20100023009
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