Applicant Name: ????? Application Receipt Date: 071226 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents submitted by the applicant. 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: 031112 Discharge Received: Date: 040213 Chapter: 14 AR: 635-200 Reason: Misconduct RE: SPD: JKQ Unit/Location: 159th Trans Det, Fort Story, VA Time Lost: None Article 15s (Charges/Dates/Punishment): 030309, wrongfully used cocaine between (021218-021220), reduction to E-1, forfeiture of $350 x 2 (suspended), extra duty for 45 days and restriction for 45 days (FG). 030103, wrongfully used cocaine between (021006-021009), reduction to E-2 (in excess of E-3 is suspended), forfeiture of $619 x 2 , one month (suspended), extra duty for 45 days (suspended) (FG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 22 Current ENL Date: 020227 Current ENL Term: 3 Years ????? Current ENL Service: 01 Yrs, 11Mos, 17Days ????? Total Service: 04 Yrs, 05Mos, 07Days ????? Previous Discharges: RA-990927-020226/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 88H10 Cargo Spec GT: 112 EDU: HS Grad Overseas: Southwest Asia Combat: Kuwait (030113-030715) Decorations/Awards: NDSM, ASR V. Post-Discharge Activity City, State: Goldsboro, NC Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 12 November 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-commission of a serious offense for positive cocaine tests between (021009) and (021220), and also tested positive for marijuana (031017), with a general, under honorable conditions discharge. He was advised of his rights. 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 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 a general, under honorable conditions discharge. The senior intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. On 2 December 2003, the applicant was notified to appear before an administrative separation board and advised of his rights. The findings and recommendation of the administrative separation board are not part of the available record and the analyst presumed Government regularity in the discharge process. On 30 January 2004, the separation authority approved the findings and recommendation of the administrative separation board 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 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 he 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. Furthermore, the analyst noted the applicant's issue, however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 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: 22 October 2008 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 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 ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20070018923 ______________________________________________________________________________ Page 1 of 3 pages