Applicant Name: ????? Application Receipt Date: 2009/07/29 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant in effect requests an upgrade of his discharge to fully honorable. Unable to obtain employment. Desires to receive benefits under the G.I. Bill. Also, seeking acquittal of all punishments administered during Article 15 proceedings and repayment of forfeited funds; restore rank, status and all merit upgrades as if the Article 15 was never imposed on him. 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: 950425 Discharge Received: Date: 950804 Chapter: 14-12c(2) AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: D Btry, 2-5th ADA Bn, Fort Hood, TX Time Lost: None Article 15s (Charges/Dates/Punishment): 950321, wrongfully using cocaine (950131-950206); reduction to E-1, forfeiture of $427 pay x 2 months, and extra duty for 45 days (FG). 940503, wrongfully using marijuana (940314-940414); reduction to E-1, forfeiture of $416 pay x 2 months (suspended), and extra duty for 45 days (FG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 29 Current ENL Date: 921030 Current ENL Term: 03 Years ????? Current ENL Service: 02 Yrs, 09Mos, 05Days ????? Total Service: 03 Yrs, 06Mos, 05Days block 12d on the applicant's DD Form 214 total prior active service, reads 00 Yrs, 09 Mos, 00 Days. However, this service could not be verified based on the available records. Previous Discharges: ARNG-920131-920131/UNC USAR-920814-921029/NA Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 14S10 Avenger Crewmember GT: 96 EDU: 3 Years College Overseas: None Combat: None Decorations/Awards: NDSM, ASR V. Post-Discharge Activity City, State: Carolina, PR Post Service Accomplishments: The applicant submitted a document that shows he was employed as a picker/ packer and fill-in driver for L.I. Electrical Distributing Company. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 24 April 1995, 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 testing positive for controlled substances on two separate occasions, with an under other that honorable conditions discharge. He was advised of his rights. On 25 April 1995, 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 general, under honorable conditions and did not submit a statement in his own behalf. The separation approving authority disapproved the applicant's request for conditional waiver and referred the separation action to an administrative separation board. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The applicant's chain of command reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. The applicant again consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board, and did not submit a statement in his own behalf. On 7 July 1995, 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 submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. 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 his service below that meriting a fully honorable discharge. The analyst noted the applicant's issues; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The issues regarding the applicant's acquittal, restoration of pay, rank, and status does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter. An application for that Board can be obtained online or from the Veterans Administration. Therefore, the analyst determined that 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: 2 June 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: The applicant submitted a DD Form 149 and the following documents: Memorandum, State of New York Division of Veterans Affairs, dated (990728); DD Form 293, dated (090725); Self-Authored Statement, dated (0907150; Statement of Appeal, dated (090715); DA Form 2627 and Continuation Sheet (Record of Proceedings Under Article 15 UCMJ), dated (950321); Record of Dental Care; five (5) Supporting Statements, dated (No Date), (950310), (950208), (950324), (950313); six (6) Character Statements, dated (991019), (991207), (991207), (010905), (020307), (041208); White House Letter, dated (030627); DD Form 214, dated (950804). 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: None 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 AR20090013071 ______________________________________________________________________________ Page 1 of 3 pages