Applicant Name: ????? Application Receipt Date: 2008/07/22 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See the DD Form 293 and supporting documents 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: 070523 Discharge Received: Date: 070621 Chapter: 14-12C AR: 635-200 Reason: Misconduct (Serious Offense) RE: SPD: JKQ Unit/Location: B Co, 46th Engineer Bn, Ft Rucker, AL Time Lost: None Article 15s (Charges/Dates/Punishment): 070309, on or about (070214-070220) wrongfully used cocaine, reduction to E2, forfeiture of $729 for two months, suspended to be automatically remitted if not vacated before 070904, 21 days in correctional custody, oral reprimand (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: 060223 Current ENL Term: 6 Years ????? Current ENL Service: 01 Yrs, 03Mos, 28Days ????? Total Service: 05 Yrs, 06Mos, 00Days ????? Previous Discharges: ARNG 021220-040524/HD IADT 030223-031001/HD RA 040525-060222/HD Highest Grade: E4 Performance Ratings Available: Yes No MOS: 21E/Hvy Const Equip Oper GT: NIF EDU: GED Overseas: Korea Combat: Iraq (051021-061011) Decorations/Awards: ARCOM, AAM, AGCM, NDSM, KDSM, ICM, ASR, OSR V. Post-Discharge Activity City, State: Columbus, MS Post Service Accomplishments: None submitted VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 23 May 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12C, AR 635-200, by reason of misconduct based on the fact of a positive test for the use of cocaine on (070220), 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, waived his right 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 14 June 2007, 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 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 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. 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: 1 May 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 determined that the discharge was both proper and equitable and voted to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 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: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080011509 ______________________________________________________________________________ Page 2 of 2 pages