Applicant Name: ????? Application Receipt Date: 2009/09/15 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states: "After being discharged I began to see all of the great opportunities I let slip throw my fingers. I didn't understand that being a Soldier is an honor. With this discharge I can't do anything, get a job, pay my child support, get a job, nothing. I have a one year old daughter that I can't even buy diapers for. My life is going down the drain. At the time of my discharge I was young and big headed, but now I'm older and much more mature. The military was my first job so before the Army I had not understanding of work ethics. I know the military isn't for everybody but I know it's for me. I don't understand it before but now I know that being a Soldier is an honor. I'm asking for this upgrade to clean up my life, reenlist, and do it all better , and know I want that honor." 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: 080417 Discharge Received: Date: 080513 Chapter: 14-12c(2) AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: E Co, (R) (P), 4th BCT, 101st Abn Div (AASLT), Fort Campbell, KY Time Lost: None Article 15s (Charges/Dates/Punishment): 071207, Failure to be at the time prescribed at his appointed place of duty (070926), reduction to E1; and extra duty and restriction for 14 days, (CG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 18 Current ENL Date: 061003 Current ENL Term: 03 Years 24 Weeks Current ENL Service: 01 Yrs, 07Mos, 11Days ????? Total Service: 01 Yrs, 07Mos, 11Days ????? Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: 63B10/Wheeled Vehicle Mech GT: 89 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, GWOTSM, ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 17 April 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—commission of a serious offense for the wrongful use of marijuana, 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, waived consideration of his case by an administrative separation board, and did not submit statements in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 18 April 2008, 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, 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 document, 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 general, under honorable conditions 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. The analyst noted the applicant's issue that he was young and immature. However, the analyst noted that the applicant met entrance qualification standards to include age. There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service. Furthermore, 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, 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: 16 July 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 214 for the period of service under review. 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 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 Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090016130 ______________________________________________________________________________ Page 1 of 3 pages