Applicant Name: ????? Application Receipt Date: 2008/11/07 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: 051110 Discharge Received: Date: 060120 Chapter: 14 AR: 635-200 Reason: Misconduct (Serious Offense) RE: SPD: JKQ Unit/Location: B Co, 1st Bn, 24th Inf Regt, Fort Lewis, WA Time Lost: None Article 15s (Charges/Dates/Punishment): 050519, Wrongful use of cocaine between (050426 and 050429), reduction to E1, forfeiture of $617.00 per month for 2 months, 45 days extra duty, and 45 days restriction, (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: 041228 Current ENL Term: 02 Years 19 Weeks Current ENL Service: 01 Yrs, 00Mos, 23Days ????? Total Service: 01 Yrs, 00Mos, 23Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 11B10/Infantryman GT: 108 EDU: 13 Yrs Overseas: Southwest Asia Combat: Iraq (050327-050927) Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR, CIB V. Post-Discharge Activity City, State: Los Lunas, NM Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that 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 abuse of illegal drugs; in that he wrongfully used "Cocaine" between on or about (050426 and 050429), 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, 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. 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 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 a careful review of all the applicant’s military records during the period of enlistment under review, the documents, and the issues 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. 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. Furthermore, the analyst noted the applicant's issues that his discharge was due to his Post Traumatic Stress and that he was seen at La Buena Vida Behavioral Healthcare 16 May 2008. Further the analyst noted that the applicant attended 5 individual therapy sessions, however, the record does not support the issue that the applicant suffers from Post Traumatic Stress Disorder and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition. In view of the foregoing, 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 March 2009 Location: Dallas, TX Did the Applicant Testify? Yes No Counsel: Yes Witnesses/Observers: None Exhibits Submitted: The applicant submitted one additional document in support of his personal appearance hearing. VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony, 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 ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080018122 ______________________________________________________________________________ Page 1 of 3 pages