Applicant Name: ????? Application Receipt Date: 2009/07/16 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states; "At the time of my misconduct, I was experiencing severe stress because of marital problem. My Command was aware that I was having problems. Under severe emotional distress I did things I should not have done. This was a one instance event and I had never had substance abuse prior to or since then. My marital problems are not resolved. I had been a good Soldier prior to the incident and caused my command no problems after the incident. There was no attempt to give any rehabilitation and I was simply discharge. This has had a devastating effect on my life and my families life." 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: 080906 Discharge Received: Date: 081031 Chapter: 14-12c(2) AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: E Co, 1/82nd ARB, Fort Bragg, NC Time Lost: None Article 15s (Charges/Dates/Punishment): 080502, Wrongfully used cocaine between (080406-080409), reduction to E1; forfeiture of $673.00 pay for one month; 45 days extra duty, (FG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 26 Current ENL Date: 070419 Current ENL Term: 03 Years 22 Weeks Current ENL Service: 01 Yrs, 06Mos, 12Days ????? Total Service: 01 Yrs, 06Mos, 12Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 92F10/Petroleum Supply Specialist GT: 98 EDU: GED Overseas: None Combat: None Decorations/Awards: GWOTSM, ASR 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 6 September 2008, 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 misconduct—commission of a serious offense for having received a Field Grade Article 15 (080502) for wrongful use of cocaine (080406 to 080409), with an under other than honorable 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 to an administrative separation board, 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 commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 9 October 2008, 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 document submitted with the application, the analyst found several mitigating factors that would merit an partial upgrade of the characterization of service to general, under honorable conditions. This recommendation was made after full consideration of the former Soldier’s faithful and honorable service, as well as the record of misconduct. While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is now inequitable. The analyst determined that the applicant's failure to perform in accordance with Army standards was mitigated by service of sufficient merit to warrant an upgrade of the discharge being reviewed. Accordingly, the analyst recommends to the Board that the applicant’s characterization be partially upgraded to general, under honorable conditions. However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. Furthermore, the analyst note the applicant's issue that this was a one time instance event and he had never had substance abuse prior to or since then, and that he was experiencing severe stress because of marital problems. However, 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. Further, the analyst determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 12 May 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: Character statement dated 8 July 2009. 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 2 No change 3 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 AR20090012501 ______________________________________________________________________________ Page 3 of 3 pages