Applicant Name: ????? Application Receipt Date: 2010/06/02 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant, states in effect, that he had 13 years of good service, was diagnosed with PTSD, and requests an upgrade of his discharge to either general, under honorable conditions or to honorable. 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: Undated Discharge Received: Date: 080606 Chapter: 4-2b AR: 600-8-24 Reason: Unacceptable Conduct RE: SPD: JNC Unit/Location: HHC, 1-52 AV Bn, Fort Wainwright, AK Time Lost: None Article 15s (Charges/Dates/Punishment): 080116, wrongfully used marijuana (0709170071017), forfeiture of $1,000 per month for two months, restriction for 60 days (suspended) (GO) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 27 Current ENL Date: 040819 Current ENL Term: 6 Years ????? Current ENL Service: 03 Yrs, 09Mos, 18Days ????? Total Service: 12 Yrs, 08Mos, 04Days ????? Previous Discharges: RA 951003-990617/HD RA 990618-011101/HD RA 011102-040818/HD Highest Grade: CW-2 Performance Ratings Available: Yes No MOS: 153D/UH-60 Helicopter Pilot GT: NA EDU: 2 YR COLL Overseas: Italy, Kosovo, Korea Combat: None Decorations/Awards: ARCOM-3, AAM-3, NDSM-2, AGCM-2, GWOTEM, GWOTSM, KDSM, COPDR, ASR, OSR, AFEM, CAB V. Post-Discharge Activity City, State: Spring Lake, MI Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 28 February 2008, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, paragraph 4-2b, AR 600-8-24, by reason of misconduct, moral or professional dereliction. The applicant was directed to show cause for retention in the Army after receiving General Officer’s Article 15 for wrongfully using marijuana (070917-071017), and for receiving a GOMOR for driving under the influence of alcohol (060513). He was advised that he could submit a voluntary resignation in lieu of elimination or submit a rebuttal and request an appearance before a Board of Inquiry. On 4 March 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and requested to be discharged in lieu of elimination action voluntarily waiving a Board of Inquiry contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions and did not submit a statement in his own behalf. The intermediate commander reviewed the applicant’s conditional waiver request and recommended approval with a general, under honorable conditions discharge. On 26 March 2008, the Deputy Assistant Secretary (Army Review Boards) reviewed the Department of the Army Ad-Hoc review Board’s recommendation and disapproved the conditional waiver request. The action was returned to the Commanding General, US Army Alaska for further processing. The applicant again, consulted with legal counsel and requested a discharge in lieu of elimination and unconditionally waived his right to a board of inquiry. He did not submit a statement in his own behalf.. On 23 April 2008, the Commander, US Army Alaska recommended approval of the applicant's request with an under other than honorable conditions discharge. On 7 May 2008, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Commander, US Army Alaska, and directed the applicant’s discharge with a characterization of service of under other than honorable conditions. The record contains two Military Police Reports dated 15 May 2006 and 5 November 2007. The record also contains a GOMOR dated 16 June 2006 and a CID Report dated 31 August 2007. b. Legal Basis for Separation: Army Regulation 600-8-24 sets forth the basic authority for Officer Transfers and Discharges. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. 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 evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review. 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 Army Officers. By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable or general, under honorable conditions discharge. The applicant provided no 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 acknowledges the applicant's successful thirteen years in the Army and noted the many accomplishments outlined in his application and in the documents contained in his OMPF. However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted. The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in an Officer. The applicant, as an Officer, had the duty to support and abide by the Army's drug policies. By abusing illegal drugs, he knowingly risked a military career and diminished the quality of his service below that meriting a general or an honorable discharge. Further, the record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition. 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: 7 January 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: Discharge packet, medical documents, certificate of birth, DD Form 214, child out of wedlock certificate, VZ benefits chart. VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period 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 AR20100016107 ______________________________________________________________________________ Page 1 of 3 pages