Application Receipt Date: 061114 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See enclosed DD Form 293 submitted by the Applicant. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 050428 Discharge Received: Date: 050506 Chapter: 14-12c AR: 635-200 Reason: Misconduct-Abuse of Illegal drugs RE: SPD: JKK Unit/Location: Headquarters and Headquarters Troop, 4/6 Air Cavalry Regiment, Warrior Brigade, Fort Polk, Louisiana Time Lost: None Article 15s (Charges/Dates/Punishment): 050413, wrongful use of marijuana (050114-050214), reduction to E-1, forfeiture of $617, suspended, to be automatically remitted if not vacated before 051010, 45 days extra duty, restriction to the limits of Fort Polk and any establishments therein which serve alcoholic beverages for 45 days. Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier's Overall Record DOB: 820711 Current ENL Date: 030127 Current ENL Term: 3 Years 00 Current ENL Service: 02 Yrs, 01 Mos, 06Days Total Service: 02 Yrs, 01Mos, 06Days Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 92G10 (Food Service Spec) GT: 93 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq (031031-040415) Decorations/Awards: V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 28 April 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct- (on 14 February 2005, applicant tested positive for marijuana, on 25 January 2005, applicant unlawfully struck a female in the eye with his fist and on 23 January 2005 and 12 January 2005, applicant was brought to the MP station for domestic violence), with a general under honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board 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 service 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 28 April 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable conditions discharge. 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, but a general discharge 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 independent evidence he submitted, the analyst determined that the discharge was both proper and equitable. 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 that even though a single incident, the discrediting entry constituted a departure from the standards of conduct expected of soldiers in the Army. The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The analyst having examined all the circumstances determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brings discredit on the Army, and was prejudicial to good order and discipline. This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge. 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: Records Review Date: 18 December 2007 Location: Washington DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change 0 No change 5 - Character Change 0 No change 5 - Reason (Board member names available upon request) IX. 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. Case report reviewed and verified by: Gloria Blake, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Other: RE Code: Grade Restoration: No Yes Grade: XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 18 December 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060016043 Applicant Name: Mr. ______________________________________________________________________ Page 1 of 5 pages