Applicant Name: ????? Application Receipt Date: 2010/11/05 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he is currently enrolled in college and has his life together. He is studying to obtain his Associates in Network Administration and has a 4.0 and made the directors list in every term. He needs financial assistance to continue on with his bachelors degree in the future. He is also the only family member in his household that is working and going to school to help out. Also, he has been volunteering at school providing study groups for new students, inner city teens and church elders, and has attained many academic recognitions from the school. 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: 020828 Discharge Received: Date: 020925 Chapter: 14-12c (2) AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: HQ & HQ Company, 1st Battalion, 66th Armor Regiment, 1st Brigade, 4th Infantry Division (Mechanized), Fort Hood, TX Time Lost: None Article 15s (Charges/Dates/Punishment): 020510, wrongfully used marijuana on or between (020104-020205), reduction to Private (E-1), forfeiture of $552.00 pay per month for two months, extra duty and restriction for 45 days (FG) 020201, wrongfully used marijuana on or between (011003-011103), reduction to Private (E-2), forfeiture of $619.00 pay per month for two months, suspended, to be automatically remitted if not vacated before (020302), and extra duty for 45 days (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: 000118 Current ENL Term: 4 Years ????? Current ENL Service: 2 Yrs, 8 Mos, 8 Days ????? Total Service: 2 Yrs, 8 Mos, 8 Days ????? Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 31U10 Signal Support System Spec GT: 110 EDU: HS Grad Overseas: Korea (000909-010906) Combat: None Decorations/Awards: ASR, OSR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: The applicant states in his issue that he is currently enrolled in college and studying to obtain his Associates in Network Administration, has a 4.0 and made the directors list. He volunteers at a school providing a study group for new students, inner city teens and church elders and has attained many academic recognitions from the school. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 20 August 2002, 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 wrongfully used marijuana on (011103), and received a Company Grade Article 15 for the offense, wrongfully used marijuana on (020205), and received a Field Grade Article 15 for the offense, and wrongfully used marijuana x 2 on (020423) and (020613), with a general, under honorable conditions discharge. He was advised of his rights. On 20 August 2002, the applicant waived 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 5 September 2002, 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 two CID Reports of Investigation dated 5 April 2002 and 6 June 2002 in reference to the applicant's offenses of wrongfully using marijuana. 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, the issue and document he submitted, the analyst determined that the characterization of service is improper. The analyst noted that the government introduced into the discharge packet the results of a command directed competence for duty (i.e., fitness for duty) biochemical test. This is limited use information as defined in AR 600-85. Use of this information mandates award of a fully honorable characterization of service. Accordingly, the analyst recommends to the board that the applicant’s characterization of service be upgraded to fully honorable. However, 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: 18 July 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 12 October 2010, and a copy of his Unofficial Transcript from the (140) ATI-Career Training Center dated 18 October 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 noted that the government introduced the results of a command directed urinalysis into the discharge process. This is limited use information as defined in 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: 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 AR20100027305 ______________________________________________________________________________ Page 1 of 3 pages