Applicant Name: ????? Application Receipt Date: 2009/06/25 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states that his discharge was the result of a urinalysis conducted as part of his Army ASAP Program and should be upgrade to Honorable. 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: 081118 Discharge Received: Date: 090121 Chapter: 14-12c(2) AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: C Trp, 3/1Cav, 3d BCT, 3d ID, Fort Benning, GA Time Lost: None Article 15s (Charges/Dates/Punishment): 080310, Wrongful use of marijuana between (071214 and 080114), reduction to E4; forfeiture of $1,067.00 pay per month for two months, 45 days extra duty; and 45 days restriction, (FG). 080911, Wrongful use of marijuana between (080608-080707), reduction to E1; forfeiture of $673.00 per month for 2 months (suspended), 45 days extra duty; and 45 days restriction, (FG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 28 Current ENL Date: 070821 Current ENL Term: 06 Years ????? Current ENL Service: 01 Yrs, 05Mos, 01Days ????? Total Service: 09 Yrs, 05Mos, 26Days ????? Previous Discharges: RA-990726-020725/HD RA-020726-060314/HD RA-060315-070820/HD Highest Grade: E5 Performance Ratings Available: Yes No MOS: 19D10/Cavalry Scout/42A20/Human Resources Spec GT: 116 EDU: HS Grad Overseas: Korea, Southwest Asia-2 Combat: Iraq-2 (030319-030901 and 061020-071019). Decorations/Awards: ARCOM-2, AAM-2, AGCM-2, NDSM, GWOTEM, GWOTSM, KDSM, ICM-(w-CS), OSR-2, CAB V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 18 November 2008, 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 wrongfully using marijuana x 2 between (080608 and 080707 and 080720 and 080819); and assault on another Soldier by striking him in the face with his fist (081016), with an under other than honorable conditions discharge. He was advised of his rights. On 21 November 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and voluntarily waived consideration of his case by an administrative separation board. The applicant submitted a statement on his own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commanders reviewed the proposed discharge action and recommended approval with an under other than honorable conditions discharge. On 3 February 2009, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than 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, 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 issues, and documents he submitted, the analyst determined that 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 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 found 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: 5 May 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: The applicant submitted Memorandum to Board dated 25 November 2008; excerpts from separation packet, complete separation packet, excerpt from AR 600-85, and copy of his DD Form 214 in support of his case. 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 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 AR 600-85. Use of this information mandates award of a fully honorable discharge. Accordingly, the Board 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 therefore, remains both proper and equitable.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 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 AR20090011672 ______________________________________________________________________________ Page 1 of 3 pages