Applicant Name:  ?????

Application Receipt Date: 2012/01/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, currently he is trying to continue his education.  He has been going to school since 2007 and due to financial hardships he is no longer able to continue.  He realizes that in 2003 when he tested positive for illegal drugs in his system, he had made a very bad mistake.  Prior to that incident, he had never tested postive during all urinalysis that he had taken previously.  During his time serving in the military, he worked very hard and obeyed orders.

Also, he had less than a three month difference from his actual ETS date.  He believes that although he made a huge mistake, he did work for his GI Bill benefits and he is not asking for charity.  He just wants an opportunity to continue to better himself.   

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: 030418
Discharge Received: 			   Date: 030517   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: A Company, 201st Forward Support Battalion, APO AE 09112 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 030207, wrongfully used MDMA, reduction to E-1, forfeiture of $557.00 for two months (suspended), and 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:  19
Current ENL Date: 000816    Current ENL Term: 03 Years  ?????
Current ENL Service: 	02 Yrs, 09 Mos, 02 Days ?????
Total Service:  		02 Yrs, 09 Mos, 02 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 63J10 Quartermaster and Chemical Equipment Repairer   GT: 89   EDU: GED   Overseas: Germany   Combat: None
Decorations/Awards: ASR and OSR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: Was attending college





VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 3 April 2003, 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 commission of a serious offense for wrongfully using MDMA, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 11 April 2003, 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 Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       The separation authority waived further rehabilitation and directed the applicant’s discharge 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 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 he is trying to continue his education and due to financial hardship, he had to stop.    He worked for his GI Bill benefits and he is not asking for charity.  The analyst noted the applicant's issue about his desire to use the benefits of the GI Bill.  However, 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.
       
       
       
       
       
       
       
       
       
       
       
       
             Additionally, the applicant expresses that he realized when he tested positive for illegal drugs in his system, he had made a very bad mistake.  Prior to that incident, he had never tested postive during any urinalysis that he had taken previously.  However, the analyst noted that even though a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  The analyst having examined all the circumstances determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge. 
       
       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: 20 June 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 and 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.  However, notwithstanding the propriety of the applicant's discharge, the Board found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, Reentry Code as RE-3.  In view of the error, the Board directed that an administrative change be made to block 27, Reentry Code to read RE-4.  Except for the foregoing modification, the Board determined that the discharge was both proper and equitable.





















        
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:




ARCHIE L. DAVIS III
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 AR20120002295
______________________________________________________________________________


Page 4 of 4 pages