Applicant Name:  ?????

Application Receipt Date: 2011/02/28	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "I have matured and grown as a person. I realized I was powerless over alcohol and drug, and I came to believe that only God could restore me to sanity. I admitted to God, myself, and others the exact nature of my defects of character. I asked God and the people in my life to forgive me as I try to make amends. I continue to improve through prayer, and I want everthing in my life to reflect that I am striving to do God's will. 
I have a great relationship with my family and I am a recent college graduate. I am seeking employment as a nurse, and I am having difficulty finding employment after discussing the nature of my discharge. 
Please do not hesitate to contact me if you need additional inform.

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: 980826
Discharge Received: 			   Date: 981002   Chapter: 14-12c       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: HQ & HQ Battery, 1st Battalion, 17th Field Artillery, Fort Sill, OK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 980817, wrongfully used cocaine between (980707-980709), reduction to Private (E-1), forfeiture of $463.00 pay per month for two 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:  34
Current ENL Date: 961121    Current ENL Term: 2 Years  21 weeks
Current ENL Service: 	1 Yrs, 10 Mos, 12 Days ?????
Total Service:  		1 Yrs, 10 Mos, 12 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 31L10 Wire Sys Installer   GT: 101   EDU: GED Cert   Overseas: Korea (970519-980512)   Combat: None
Decorations/Awards: AAM, ASR, OSR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant later joined the Army National Guard in 2001 and was discharged with a General, under Honorable Conditions Discharge in 2003, by reason of acts or patterns of misconduct.  Also, he has submitted a Certificate of Completion; wherein he took a class in Practical Nursing at the Meridian Community College dated 10 December 2010.





VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 26 August 1998, 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 tested positive on a urinalysis for cocaine, with a general, under honorable conditions discharge.  He was advised of his rights. 
       
       On 14 September 1998, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted 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 22 September 1998, 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 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 matured and grown as a person.  He realize that he was powerless over alcohol and drugs, and came to believe that only God could restore him to sanity.  The analyst acknowledges the applicant's successful transition to civilian life and the many accomplishments outlined in his application.  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.  Further, the analyst found that the applicant met entrance qualification standards to include age.  The analyst found no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service.
       
       Additionally, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       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: 23 September 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 23 February 2011, Certificate of Completion (i.e., Practical Nursing) from the Meridian Community College dated 10 December 2010.

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 AR20110004074
______________________________________________________________________________


Page 1 of 3 pages