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, " I suffer from PTSD and severe depression, anxiety and was self medicating". 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: 090331 Discharge Received: Date: 090511 Chapter: 14-12c AR: 635-200 Reason: Misconduct (Serious Offense) RE: SPD: JKQ Unit/Location: A Co, 3/69th Armored Regt, Ft Stewart, GA Time Lost: None Article 15s (Charges/Dates/Punishment): 061228, wrongfully used marijuana (060930-061030); reduction to E1, forfeiture of $636 pay per month for two months, extra duty and restriction for 45 days (FG) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 21 Current ENL Date: 070423 Immediate reenlistment Current ENL Term: 6 Years ????? Current ENL Service: 2 Yrs, 00Mos, 19Days ????? Total Service: 3 Yrs, 06Mos, 17Days ????? Previous Discharges: RA 051025-070422/HD Highest Grade: E4 Performance Ratings Available: Yes No MOS: 11B10 Infantryman GT: 85 EDU: HS Grad Overseas: SWA Combat: Iraq x2 (070115-070711 & 070831-080405) Decorations/Awards: ARCOM, NDSM, GWOTSM, ICM w/CS, ASR, CIB V. Post-Discharge Activity City, State: Rockford, IL Post Service Accomplishments: None listed. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 31 March 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct commission of a serious offense for testing positive for marijuana on 061030 and 080827, with a general, under honorable conditions discharge. He was advised of his rights. On 17 April 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted a statement in 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 of the separation action with a general, under honorable conditions discharge. On 28 April 2009, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. In the applicant's file on the preseparation counseling checklist is states that the applicant is confined and another soldier cleared the installation for him. The applicant was in Liberty County Jail in GA for violating his probation in IL for possession of cocaine while in the Army. He was sentenced (080924-090511), pled guilty and was sentenced to 4 years of probation, $980 fine and assigned 80 hours of community service. 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 and documents 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., competence 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 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: 26 May 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: IDVA Form 200, VA Medical Forms (8 pages) 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: 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 AR20100014230 ______________________________________________________________________________ Page 1 of 3 pages