Applicant Name: ????? Application Receipt Date: 2010/12/08 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states through counsel: "Mr. Bonet's under other than honorable conditions discharge was inequitable because it was based on three isolated incidents in at least six years of service with no other adverse action. Mr. Bonet faithfully completed service in two national guard units and served his country as first responder during the September 11th tragedy. As set forth herein, Mr. Bonet's discharge upgrade should be granted. 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: 030218 Discharge Received: Date: 030322 Chapter: 14-12c AR: 635-200 Reason: Misconduct RE: SPD: JKQ Unit/Location: Det 1 C Btry, 1/258th FA Bn, United States Military Academy, West Point, NY Time Lost: None Article 15s (Charges/Dates/Punishment): NIF Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 25 Current ENL Date: 020514/OAD Current ENL Term: 365 Days ????? Current ENL Service: 00 Yrs, 10 Mos, 19 Days ????? Total Service: 05 Yrs, 06 Mos, 26 Days ????? Previous Discharges: ADT-970930-980312/UNC ARNG-970827-030826/HD (Concurrent and Post-Service) Highest Grade: E4 Performance Ratings Available: Yes No MOS: 75B10/Personnel Admin Specialist GT: 112 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, AFRM-w/M Device, ASR V. Post-Discharge Activity City, State: Richmond Hill, NY Post Service Accomplishments: Records show that the applicant was discharged from ACTIVE DUTY, and returned to his National Guard Unit where he continued to serve. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The applicant's record does not contain the official discharge proceedings; however, the applicant through counsel provided excerpts of his discharge packet. The information provided reveals that on 18 February 2003, 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 violated Article 112a, UCMJ, by wrongfully using cocaine on divers occasions between (020526 and 020605) and wrongfully using cocaine between (021223 and 030121), with an under other than honorable conditions discharge. He was advised of his rights. On 18 February 2003, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally 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 Army and waiver of further rehabilitative efforts. The separation authority's memorandum directing the discharge with a characterization of service of under other than honorable conditions is not available and the analyst presumed government regularity in the discharge process. Furthermore, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct, with a characterization of service of under other than honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JKQ (i.e., misconduct) with a reentry eligibility (RE) code of "3." The applicant's record contains a CID Report, dated 28 June 2002. 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 documents, and the issues submitted, 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 applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. The analyst acknowledges the applicant's accomplishments prior to his discharge and his post-service accomplishments. However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted. In view of the foregoing, 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: 3 August 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: [ redacted ] Witnesses/Observers: NA Exhibits Submitted: DD Form 293, Statement of Facts and Issues (4 pages), Documents from Military Records to include discharge packet (28 pages), Network Systems Technician Diploma, Document from The [redacted ] Institute-Midtown New York City, Letter from the [ redacted ], Inc and Certificate, Discharge Orders and Certificate, dated 30 August 2005 from the United States Army Reserve, Letters and Certificates from [ redacted ] College, and DD Form 214 for the period of service under review. 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: 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 AR20100029703 ______________________________________________________________________________ Page 3 of 3 pages