Applicant Name:  ?????

Application Receipt Date: 2012/02/06	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "My discharge should be changed for the following reasons, on my dd-214 it labels me as a drug abuser for which I am not, after my failed urinalyses I was enrolled into the Army substance abuse program for a total of 6 months from which the councelor did not label me as a drug abuser, it was characterized as an accidental ingestion, also during this time I was directed to take 3 urinalyses a week for 6 months which I did not fail one of them. I was not a rehabilitation failure and completed everything from the Army substance abuse program, but I was still discharged 1 month from which i was eligable to ETS Honarably, with a general discharge and characterized as a drug abuser. I was never in trouble through out my military career my NCO ER's were always 1-1 , I had no negative counceling statements, and did not show any patterns of misconduct. I earned a bronze star with valor while I was in Iraq in 2006 and also recieved a purple heart for being wounded in action. For all these reasons, I ask you  to please upgrade my discharge from general under honorable conditions to fully honorable and to remove the characterization of Drug Abuser, thank you for your time."

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: 110413
Discharge Received: 			   Date: 110627   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: B Co, 3/509th Inf (Abn), Joint Base Elmendorf-Richardson, AK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 110119, Wrongfully used D-amphetamines between (101002 and 101007), reduction to E4; forfeiture of $1,099.00 pay per month for two (2) months (suspended); extra duty for 45 days; 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:  21
Current ENL Date: 071014    Current ENL Term: 04 Years  ?????
Current ENL Service: 	03 Yrs, 08  Mos, 14  Days ?????
Total Service:  		06 Yrs, 04  Mos, 18  Days ?????
Previous Discharges: 	RA-050210-071013/HD
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 11B1P/Infantryman   GT: 113   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (061007-071105) and Afghanistan (090301-100301)
Decorations/Awards: BSM-w/V Device, PH, ARCOM, AGCM, NDSM, ACM-w/CS, ICM-w/2CS, GWOTSM, NOPDR, ASR, OSR-3, NATO MDL, CIB, EIB 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 12 April 2011, 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-commission of a serious offense for abuse of illegal drugs "tested positive for D-amphetamines," with a general, under honorable conditions discharge.  He was advised of his rights.
       
       On 14 April 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than honorable 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's reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 25 April 2011, the applicant's request for a conditional waiver was disapproved and was referred to an administrative separation board to determine if the applicant should be separated prior to expiration of his term of service.
       
       On 17 May 2011, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended the applicant's discharge with issuance of a character of service of general, under honorable conditions.
       
       On 25 May 2011, the separation authority approved the recommendation of the administrative separation board and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The applicant's record contain a CID Report, dated 16 December 2010.

       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 during the period of enlistment under review, the documents, and the issues submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       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 his misconduct, the applicant diminished the quality of his service below that meriting fully honorable or a general, under honorable conditions 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 acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the incidents of misconduct and the documented actions under Article 15 of the Uniformed Code of Military Justice.
       
       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 narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)," the separation code is "JKK," and the reentry code is "RE 4."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28, separation code, entered in block 26, and RE Code, entered in block 27 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  
       
       The applicant contends that his incident of misconduct was considered to be an accidental ingestion.  However, the applicant violated the Army's policy not to possess or use illegal drugs, which compromised the special trust and confidence placed in a noncommissioned officer (NCO).  The applicant, as a NCO, had the duty to support and abide by the Army's drug policies.  By possessing illegal drugs, the applicant knowingly risked a military career and the misconduct diminished the quality of service below that meriting a fully honorable discharge.  
       
       In view of the foregoing, 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: 22 August 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application, Certificate for award of The Bronze Star Medal with Valor, dated 1 September  2007 and Purple Heart, Statement of Progress, dated 13 May 2011, Patient Progress Report, dated 26 June 2011, Prime for Life Certificate for the period 25-26 June 2011, NCO Evaluation Report for the period 1 July 2008-30 June 2009 and 1 July 2009-30 Jun 2010, and DD Form 214 for the period of service under review.

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 2    No change 3
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: NA
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 AR20120002980
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