Applicant Name: ????? Application Receipt Date: 2009/07/28 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: Issues: arbitrary and capricious, employment, restore grade to E4. 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: 071214 Discharge Received: Date: 080104 Chapter: 14-12c (2) AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: Co D, 101st AVN, Ft Campbell, KY Time Lost: None Article 15s (Charges/Dates/Punishment): 071205, wrongfully use methamphetamine (080603-070606), reduction to E1, forfeiture of $650 pay per month for two months, suspended, to be automatically remitted if not vacated before 080605, extra duty and restriction 45 days and oral reprimand (FG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 20 Current ENL Date: 050825 Current ENL Term: 6 Years ????? Current ENL Service: 2 Yrs, 04Mos, 10Days ????? Total Service: 2 Yrs, 04Mos, 11Days ????? Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: 15R10 AH-64 Attack Hel Rep GT: 111 EDU: HS Grad Overseas: Korea Combat: None Decorations/Awards: AAM, NDSM, GWOTSM, KDSM, ASR, OSR V. Post-Discharge Activity City, State: Fort Wayne, AL Post Service Accomplishments: The applicant states that he is employed and being reviewed for a supervisory position. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 14 December 2007, 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 testing positive for methamphetamine on a random urinalysis on (070606), with a general, under honorable conditions discharge. He was advised of his rights. On 14 December 2007, 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 Army 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 December 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 self authored statement submitted with the application, the analyst determined that the discharge was both proper and equitable. The analyst determined that the applicant’s discharge was appropriate because the quality of service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. 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. Furthermore, the analyst noted the applicant's issue that he was refused a hair follicle test and was threatened into signing his Article 15; however, found no evidence of arbitrary or capricious actions by the command. The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The analyst noted the applicant's issue regarding employment at a local police station; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Additionally, the analyst noted the applicant's issue to restore his grade to E4; however, that request 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 on line or from the Veterans Administration. 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: 26 May 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: Self authored statement (2 pages) 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 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 AR20090013363 ______________________________________________________________________________ Page 1 of 3 pages