Applicant Name: ????? Application Receipt Date: 2009/03/16 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: 060306 Discharge Received: Date: 060404 Chapter: 14-12c(2) AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: D Btry, 31st ADA Bde, Ft Bliss, TX Time Lost: Military Confinement for 25 days, (060207-060302) Article 15s (Charges/Dates/Punishment): 051215, wrongfully used cocaine (051124 & 051128); reduction to E1, forfeiture of $617.00 pay per month for two months, extra duty for 45 days and restriction for 45 days (FG). Courts-Martial (Charges/Dates/Punishment): 060207, SCM for wrongful use of cocaine x3, (060112-060117), (051210-051215), (051203-051208); confinement for 30 days, forfeiture of $849.00. Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 18 Current ENL Date: 030219 Current ENL Term: 4 Years ????? Current ENL Service: 3 Yrs, 00Mos, 20Days ????? Total Service: 3 Yrs, 00Mos, 20Days ????? Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: 14E10 Patroit FC Operator GT: NIF EDU: GED Overseas: None Combat: None Decorations/Awards: NDSM, GWOTSM, ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None submitted by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 6 March 2006, 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 for testing positive for cocaine on three different occasions, with an other than honorable conditions discharge. He was advised of his rights. 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 service and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an other than honorable conditions discharge. On 24 March 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than 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 a careful review of all the applicant’s military records, and the issue he submitted, the characterization of service is improper. The analyst noted that the government introduced into the discharge packet the results of a biochemical test that was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan. This is limited use information as defined in Chapter 6, AR 600-85. Use of this information mandates award of a fully honorable characterization of service. Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable. However, the analyst found that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 22 December 2009 Location: Washington, D.C. 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 noted that the government introduced the results of a biochemical test that was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan into the discharge process. This is limited use information as defined in Chapter 6, AR 600-85. Use of this information mandates award of a fully honorable discharge. Accordingly, the Board voted to change the characterization of service to fully honorable. However, the board found that the reason for discharge was fully supported by the record and voted not to change it. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 5 No change 0 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 ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090007640 ______________________________________________________________________________ Page 2 of 2 pages