Applicant Name:  ?????

Application Receipt Date: 2011/08/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, his discharge was inequitable because his immediate chain of command (squad leader, platoon sergeant, 1SG and platoon leader) all wrote recommendations on his behalf to retain him in the military.  After his leadership deployed to Iraq, the rear detachment leaders processed his paperwork again.  After the incident, he received a Field Grade Article 15.  A chapter packet was also submitted and sent through legal to be processed.  The chapter packet was pulled back because he was told that he would be retained.  Then the unit deployed during the time the incident took place.  His doctor felt that it would be costly to the Army to send him down range because of the amount of appointments he had to rectify his back issue.  So the doctor decided to keep him there until his last appointment.  As the unit was notified of his status, they resubmitted the chapter packet once again.  During this entire time frame, he was allowed to go to the Army A.S.A.P. to be rehabilitated.  He would like to rejoin because he had a career in the military and the opportunity to serve his country.  He is older and have a family to support.  Since he has been out of the army, he has been working on the German economy.  Without proper schooling or training, he can not get a decent job.

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: NIF
Discharge Received: 			   Date: 060823   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct (Drug Abuse) 	   RE:     SPD: JKK   Unit/Location: 55th Postal Company, Hanau, GE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 030816, wrongfully used Methylenedioxy-Methamphetamine (Ecstasy) (050701-050706), reduction to E-2, forfeiture of $692.00 x 2 (one month suspended), extra duty and restriction for 45 days. (FG)

040922, with intent to deceive, made a false official statement, extra duty and restriction for 14 days. (Summarized)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 020318    Current ENL Term: 05 Years  ?????
Current ENL Service: 	04 Yrs, 05 Mos, 06 Days ?????
Total Service:  		04 Yrs, 05 Mos, 06 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 42L10 Administrative Specialist   GT: 102   EDU: HS Grad   Overseas: Korea and Germany   Combat: None 
Decorations/Awards: AAM-2, NDSM, GWOTSM, KDSM, ASR, OSR-2





V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed by the applicant

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c (2), AR 635-200, by reason of misconduct—Drug abuse for testing positive for Methylenedioxy-Methamphetamine (Ecstasy), a Schedule I controlled substance (050706), with an honorable conditions discharge.  He was advised of his rights.  
       
       On 21 February 2006, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board, and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The battalion commander reviewed the proposed action and recommended approval of the separation with an honorable discharge. 
       
       On 21 February 2006, the senior immediate level commander reviewed the proposed action and recommended approval of the separation with an under other than honorable conditions discharge.  He later changed his recommendation to separate the applicant with a general, under honorable conditions characterization of service.
       
       On 22 March 2006, the Separation Authority directed the applicant to appear before an Administrative Separation Board.
       
       On 11 July 2006, the applicant appeared before an Administrative Separation Board with his counsel.  The Board recommended that he be discharged with a general, under honorable conditions discharge.  
       
       On 7 August 2006, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The record contains a CID Report, dated 9 September 2005.

       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 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 service below that meriting a fully honorable discharge.  
       
             The applicant contends his discharge was inequitable because his immediate chain of command recommended that he be retained in the Army before the unit deployed.  A review of the applicant's OMPF reveals that the applicant's immediate chain of command supported his retention prior to them deploying.  His packet was pulled several times by the rear detachment.  On 11 July 2006, an Administrative Separation Board determined that the applicant did commit a serious offense of using illegal drugs and recommended that the applicant be discharged with a general, under honorable conditions discharge.  On 7 August 2006, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  Therefore, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

           The applicant further contends that he would like to rejoin because he had a career in the military and the opportunity to serve his country and he needs a decent job.  However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  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.  Additionally, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       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: 6 April 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293; DD Form 214; four character reference letters with various dates; several support email correspondence; and a copy of the applicant's OMPF

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						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: No Change
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder


















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 AR20110016121
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