Applicant Name:  ?????

Application Receipt Date: 2011/08/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant submitted no issues of equity or propriety for the board's consideration.  

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: 100630
Discharge Received: 			   Date: 100823   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: HQ & HQ Company, 1st Battalion, 5th Cavalry Regiment, 2nd Brigade Combat Team, 1st Cavalry Division, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 090602, wrongfully used marijuana x 3 between (090320-090421), (090208-090309), (090203-090304), reduction to Private (E-2), extra duty for 45 days (FG)

080425, wrongfully used marijuana between (080128-080227), reduction to Private (E-2), forfeiture of $754.00 pay per month for two months, extra duty and restriction for 45 days, suspended, to be automatically remitted if not vacated before (080624), (FG)


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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  29
Current ENL Date: Reenl/070901    Current ENL Term: 5 Years  ?????
Current ENL Service: 	2 Yrs, 11 Mos, 23 Days ?????
Total Service:  		8 Yrs, 10 Mos, 13 Days ?????
Previous Discharges: 	ARNG 970612-980107/NA
                                       ADT    980108-980416/HD
                                       ARNG 980417-011005/NA
                                       ADT    011006-021017/HD
                                       ARNG 021018-030611/HD
                                       USARCG 030612-050614/HD
                                       RA      050926-070831/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 78   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (061020-080105)
Decorations/Awards: ARCOM, GCMDL, NDSM, GWOTSM, ICMDLw/2 CSS, ASR, OSR, AFRMDLw/M Device, CIB, 

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 29 June 2009, 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; in that he received on (080425) and (090602), Field Grade Article 15s for testing positive for marijuana.  The unit commander recommended separation with a general, under honorable conditions discharge.  He was advised of his rights.  On 30 June 2010, The unit commander renotified 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; in that he tested positive for marijuana five times in the last year between (2008-2009) and recommended separation with an under other than honorable conditions discharge.  On 29 July 2009, 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. 
       
       On 5 August 2009, the applicant's recommendation for separation was referred to an administrative separation board.  On 5 October 2009, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 15 October 2009, the applicant's Defense Counsel requested a delay in the administrative separation board because the applicant was undergoing a Medical Evaluation Board and was scheduled to have a medical appointment on 22 October 2009. 
       
       On 12 July 2010 The applicant again consulted with legal counsel, was advised of the impact of the discharge action, waived 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 service and waiver of further rehabilitative efforts.  On 13 July 2010, the intermediate commander's reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. 
       
       On 30 July 2010, the separation authority determined that the applicant's medical condition was not a direct or substantial contributing cause of the conduct that was displayed and that other circumstances did not warrant disability processing and the case will not be processed through medical disability channels.  Further, the separation authority approved the waiver of the administrative separation board and 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.  
       
       Additionally, the analyst noted that the applicant did not submit an issue of equity or propriety for the boards consideration.  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: 9 January 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 dated 16 August 2011.

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						
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: No Change
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change

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 AR20110016858
______________________________________________________________________________


Page 1 of 3 pages