Applicant Name:  ?????

Application Receipt Date: 2011/10/04	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: There were no issues provided by the applicant.

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: 110118
Discharge Received: 			   Date: 110315   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: HHC, 555th Engineer Brigade, Joint Base Lewis-McCord, Washington. 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100208, wrongful use of marijuana and wrongfully soliciting SGT C, to alter a public record, to wit:  a urinalysis test by asking SGT C to urinate in a cup for him (100122); and for wrongfully using marijuana (091206-100105); reduction to E-5, forfeiture of $1,291.00 pay for two months (suspended until 100808), extra duty for 45 days (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 040912    Current ENL Term: 06 Years  00
Current ENL Service: 	06 Yrs, 06 Mos, 04 Days ?????
Total Service:  		08 Yrs, 09 Mos, 05 Days ?????
Previous Discharges: 	HD/(020611-040911)
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 25U20/Signal Support Specialist   GT: 95   EDU: HS Grad   Overseas: SWA   Combat: Iraq (031104-041025), (060701-070701), (080908-090903)
Decorations/Awards: BSM, NDSM, ICM, GWOTEM, GWOTSM, MUC, AGCM, NCOPDR, OSR, ASR

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 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 for testing positive for the use of marijuana on 5 January 2010,  with an under other than honorable conditions discharge.  He was advised of his rights.  
       
       On 11 May 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and voluntary waived consideration of his case by an administrative separation board contingent upon the separation authority approving at least a suspended (for 12 months of less)  general discharge, under honorable conditions.  Subsequently, the unit commander recommended that the discharge be suspended for 12 months.
       
       On 18 January 2011, the applicant again consulted with legal counsel, was advised of the impact of the discharge action, waived his right to an administrative separation board, contingent upon the separation authority approving a characterization of service of no less than general, under honorable conditions, and the convening authority dismissing with prejudice the Article 121 charge preferred against him on 13 December 2010.  The applicant submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commanders reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 17 February 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions under the provisions of                AR 635-200, paragraph 14-12c, for commission of a serious offense.

       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:  
       Although the applicant did not properly annotate the DD Form 293 requesting a review of his record for a possible upgrade of his discharge; he was given the benefit of this review as instructed in pertinent part (E.3.1.3.2) by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge.
       
       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 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 special trust and confidence placed in a non-commissioned officer (NCO).  The applicant, as a NCO, 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 the misconduct diminished the quality of service below that meriting a fully honorable discharge.  
       
              Furthermore, 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.  
       
       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: 15 June 2012         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, and  a DD Form 214.

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 AR20110019996
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