Applicant Name: ????? Application Receipt Date: 2012/01/09 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he was unfairly discharged. While at Fort Knox he was injured and it became worst by the time he reported to Fort Benning. Later his father and brother died and his mother was diagnosed with cancer. After he left the Army, he attended college and earned a Bachelor of Science degree. 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: 021118 Discharge Received: Date: 030312 Chapter: 14-12c(2) AR: AR635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: D Troop, 10th Cavalry Rgt, Fort Benning, GA Time Lost: None Article 15s (Charges/Dates/Punishment): 020110, wrongfully used marijuana (011026-011126), reduction to E-2, forfeiture of $584 for two months (suspended), 45 days of extra duty and restriction (FG) Courts-Martial (Charges/Dates/Punishment): 021118, two specifications of wrongfully using marijuana, reduction to E-1, forfeiture of $737, and 15 days of confinement (SCM) Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 25 Current ENL Date: 000328 Current ENL Term: 3 Years ????? Current ENL Service: 02 Yrs, 11 Mos, 15 Days ????? Total Service: 02 Yrs, 11 Mos, 15 Days ????? Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 19D10/Cavalry Scout GT: 94 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: ASR V. Post-Discharge Activity City, State: Opelousas, LA Post Service Accomplishments: Attended college and received a Bachelors Degree. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 18 November 2002, 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 wrongfully using marijuana, with an under other than honorable conditions discharge. He was advised of his rights. On 19 November 2002, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an Administrative Separation Board 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 unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commanders reviewed the proposed action and recommended disapproval of the conditional waiver request and a characterization of service as under other than honorable conditions. On 11 December 2002, the applicant once more, consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, and submitted a statement on his own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commanders reviewed the proposed action and recommended approval of the separation with an under other than honorable conditions discharge. On 7 February 2003, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service as under other than honorable conditions. 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 available military records, the documents and the issue submitted with the application, the analyst found several mitigating factors which would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions. The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable. The analyst found the length of the applicant’s service, the circumstances surrounding his expedited discharge, and his post service accomplishments mitigated the discrediting entry in his service record. The applicant’s record does not contain any other incidents of misconduct except for the one that caused his discharge from the Army. Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions. However, the analyst determined 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: 9 February 2012 Location: Dallas, TX Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: Applicant's wife Exhibits Submitted: Five character reference letters, trial defense counsel memorandum, letter to MG E, obituary (3), medical board proceedings, recovery center document, and three certificates. VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of service and his post-service accomplishments (achievements in education and service as mentor in high school) , and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined that the reason for discharge was proper and equitable and voted not to change it. IX. Board Decision Board Vote: Character - Change 5 No change 0 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature Approval Authority: EDGAR J. YANGER Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder 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 AR20120000964 ______________________________________________________________________________ Page 1 of 3 pages