Applicant Name: ????? Application Receipt Date: 2008/05/06 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See enclosed DD Form 293 and attached document (3) submitted 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: 011119 Discharge Received: Date: 011226 Chapter: 14-12c (2) AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: B Company, 864th Engineer Battalion, Fort Lewis, WA 98433-5000 Time Lost: None Article 15s (Charges/Dates/Punishment): 010613, Wrongfully used tetrahydrocannabinol between on or about (010220-010319); reduction to Private (E-2); forfeiture of $584.00 pay per month for one month; suspended to be automatically remitted if not vacated before (011213); restriction and extra duty for 45 days; (FG) 011108, Wrongfully used marijuana between on or about (010917-011017); reduction to Private (E-1), forfeiture of $521.00 pay per month for two months; 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: 21 Current ENL Date: 981013 Current ENL Term: 4 Years ????? Current ENL Service: 3 Yrs, 2 Mos, 14 Days ????? Total Service: 3 Yrs, 2 Mos, 14 Days ????? Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 51B10 Carpenter and Masonry Spec GT: 107 EDU: HS Grad Overseas: Alaska (991030-001027) Combat: None Decorations/Awards: AAM, ASR, OSR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: The applicant stated in his issue that he has graduated from the CMS Basic Law Enforcement Academy and submitted a Certificate of completion, and wants to reenlist in the Army National Guard to continue his military career and education. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 14 November 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of a serious offense/abuse of illegal drugs; in that he wrongfully used marijuana x 2 between on or about (010219-010319) and again on or about (010917-011017), with a general, under honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 28 November 2001, the separation authority waived 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 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, but a general discharge 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, documents and the issue he submitted, the characterization of service is improper. The analyst noted that the government introduced into the discharge packet the results of a biochemical test that was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan. This is limited use information as defined in Chapter 6, AR 600-85. Use of this information mandates award of a fully honorable characterization of service. Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable. However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 18 February 2009 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 noted that the government introduced a document into the discharge process revealing that the applicant had self-referred to the Alcohol and Drug Prevention and Control Program for substance abuse. This is limited use information as defined in Chapter 6, AR 600-85. Use of this information mandates award of a fully honorable discharge. In view of the foregoing, the Board determined that the characterization of service is improper and voted to change the characterization of service to fully honorable. However, the board determined that the reason for discharge was fully supported by the record and voted not to change it. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 5 No change 0 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080007225 ______________________________________________________________________________ Page 1 of 3 pages