Applicant Name: ????? Application Receipt Date: 2010/04/29 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he made a poor decision after returning from Afghanistan and a group of friends had some leave and was blowing off steam. His decision resulted in him losing his career, bonus, rank and he had to do some time in jail. Now he would like to put this issue behind him and move on. He believes an upgrade in his discharge is warranted. 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: 070614 Discharge Received: Date: 070702 Chapter: 14-12c(2) AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: D Company, 2nd Battalion, 4th Infantry Regiment, 4th Brigade, 10th Mountain Division (Light) Fort Polk, LA Time Lost: Military confinement from (070606-070630) for 25 days, as part of his punishment from a Summary Court-Martial. Article 15s (Charges/Dates/Punishment): 050817, wrongfully used marijuana between on or about (050611-050711), reduction to Private (E-1), forfeiture of $617.00 pay per month for 2 months, extra duty and restriction for 45 days and no alcohol for 45 days (FG) Article 15, wrongfully used marijuana between on or about (050911-051011), forfeiture of $636.00 pay per month for 2 months, extra duty and restriction for 45 days (FG) Courts-Martial (Charges/Dates/Punishment): 070606, Summary Court-Martial for wrongfully using cocaine between on or about (070320-070327), wrongfully using marijuana between on or about (070319-070419), and wrongfully using cocaine between on or about (070412-070419). He was sentenced to be reduced to Private (E-1), forfeit $867.00 pay per month for one month, and confined for 30 days. Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 26 Current ENL Date: 040831 Current ENL Term: 4 Years 16 weeks/The applicant required a moral waiver at the time of enlistment, which was approved on (040529) Current ENL Service: 2 Yrs, 9 Mos, 7 Days ????? Total Service: 2 Yrs, 9 Mos, 7 Days ????? Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 11B10 Infantryman GT: 125 EDU: Coll Grad Overseas: Southwest Asia Combat: Afghanistan (060302-061128) Decorations/Awards: ARCOM, NDSM, HSM, AFGCMDL, GWTSM, ASR, CIB 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 14 June 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that he tested positive for cocaine on (070327) and tested positive again for marijuana and cocaine on (070419), 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. On 22 June 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. The record contains a CID Report of Investigation in reference to the applicant's offense of wrongful possession and use of marijuana, dated 4 August 2005. 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 carefully examining the applicant’s record of service during the period of enlistment under review and the issue submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge. The analyst determined that the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. 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 analyst noted the applicant's issue that that he made a poor decision after returning from Afghanistan and a group of friends had some leave and was blowing off steam. He believes an upgrade in his discharge is warranted. The analyst considered the applicant’s length and quality of service, to include his combat service during the initial portion of the enlistment under review. However, this service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of discharge. Therefore, 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: 14 January 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 14 April 2010. 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: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change 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 AR20100014311 ______________________________________________________________________________ Page 1 of 3 pages