Applicant Name: ????? Application Receipt Date: 2009/06/09 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: Applicant states that the incident leading to his separation was an isolated incident during 17 years of military service. Applicant states that due to the characterization of his service, he is having difficulty obtaining VA benefits for his injury from Iraq and his injury is making it difficult to find employment. 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: 080201 Discharge Received: Date: 080328 Chapter: 14-12c(2) AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: Home Det., 5th SQD, 7th CAV, 1BCT, 3ID, Ft. Stewart, GA Time Lost: None Article 15s (Charges/Dates/Punishment): 080107, wrongful use of cocaine on or between 13-16 Nov 07, reduced to E5, forfeiture of $1,291/mo for 2 mo., 45 days restriction and extra duty (FG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 29 Current ENL Date: 010428 Current ENL Term: Indef Years ????? Current ENL Service: 6 Yrs, 9Mos, 0Days ????? Total Service: 17 Yrs, 1Mos, 15Days ????? Previous Discharges: RA 910214-930407/HD RA 930408-960424/HD RA 960425-010427/HD Highest Grade: E6 Performance Ratings Available: Yes No MOS: 19D20 Cavalry Scout GT: 108 EDU: 1yr Coll Overseas: Korea, Germany, SWA Combat: Iraq x3 (030105-030715, 050106-060105, 070116-070608) Decorations/Awards: ARCOM X6, AAM X11, AGCM X5, NDSM X2, GWOTEM, GWOTSM, KDSM, ICM, NCOPDRX2, ASR, OSR X2, CAB V. Post-Discharge Activity City, State: Jesup, GA Post Service Accomplishments: None provided by applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 1 February 2008, 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—Drug Abuse for testing positive for cocaine use on 16 November 2007, with a general, under honorable conditions discharge. He was advised of his rights. On 6 February 2008, the applicant consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board, contingent upon his receiving a characterization of service of no less favorable than general, under honorable conditions. The applicant submitted a statement on his own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval with a general, under honorable conditions discharge. On 21 February 2008, the applicant was notified to appear before an administrative separation board and advised of his rights. On 13 March 2008, the administrative separation board convened. The applicant appeared with counsel. The board recommended that the applicant be discharged with issuance of a character of service of under other than honorable conditions. On 19 March 2008, the separation authority approved the recommendation of the administrative separation board and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. The applicant was to be reduced to the grade of E1. The record contains a CID report dated 14 December 2007. 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 available military records, and the issue submitted with the application, the analyst found several mitigating factors that would merit a change of the applicant's characterization of service to general, under honorable conditions. The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the special trust and confidence placed in a non-commissioned officer (NCO). The applicant, as a NCO, 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 the misconduct diminished the quality of service below that meriting a fully honorable discharge. The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable. The analyst found that the length of the applicant's service to include his combat service and the quality of his service mitigate the discrediting entries in his service record. Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions. This action entails a restoration of grade to E5. The analyst determined 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: 24 Mar 10 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 characterization of service was too harsh based on the applicant’s length and quality of his service to include his combat service and the circumstances surrounding his misconduct and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined that the reason for discharge was proper and equitable and voted not to change it. This action entails restoration of grade to E-6/SSG. 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: E-6 ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090010542 ______________________________________________________________________________ Page 1 of 3 pages