Applicant Name: ????? Application Receipt Date: 2012/05/07 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he is requesting an upgrade to honorable so he can pursue a career with the Border Patrol or in the alternative as Game Warden. He feels that one blemish should not cost him his future. 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: 110719 Discharge Received: Date: 110818 Chapter: 14-12c(2) AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: Headquarters and Headquarters Battery, 2d Battalion, 15th Field Artillery Regiment, 2d Brigade Combat Team, Fort Drum, New York Time Lost: None Article 15s (Charges/Dates/Punishment): 110203, wrongfully used marijuana (101206 – 110104); reduction to E-1; suspended to E-2 to be automatically remitted unless previously vacated (110504); forfeiture of $709 pay per month for 2 months with $400 pay per month suspended to be automatically remitted unless previously vacated (110504); extra duty and restriction for 45 days; (FG). 110607, wrongfully used marijuana (110310 – 110408); reduction to E-1; forfeiture of $733 pay per month for two months, suspended, to be automatically remitted if not vacated (110805); 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: 23 Current ENL Date: 080410 Current ENL Term: 3 Years 17 Weeks Current ENL Service: 3 Yrs, 4 Mos, 9 Days ????? Total Service: 3 Yrs, 4 Mos, 9 Days ????? Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 13D10 Field Artillery Autom GT: 106 EDU: HS Grad Overseas: SWA Combat: Iraq (091012 - 100618) Decorations/Awards: ARCOM, AAM, NDSM, ICM w/CS, ASR, OSR, MUC V. Post-Discharge Activity City, State: Post Service Accomplishments: None VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 19 July 2011, 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, abuse of illegal drugs, for wrongfully using marijuana, with a general, under honorable conditions discharge. He was advised of his rights. On 21 July 2011, 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 Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge. On 8 August 2011, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 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 being absent 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 and the issue submitted with the application, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to honorable. This recommendation was made after full consideration of the former Soldier’s faithful and honorable service, as well as the record of misconduct. While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is now inequitable. The analyst noted the applicant's overall length of service; he was discharged two days prior to his ETS. The analyst determined that his overall length of service, and his overall quality of service to include his combat service mitigated the discrediting entries in the service record. Accordingly, the analyst recommends to the Board that the applicant’s characterization be upgraded to 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: 3 October 2012 Location: Washington, D. C. Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: DD Form 293 and a DD Form 214 VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding 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 Board Vote: Character - Change 0 No change 5 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: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature Approval Authority: ARCHIE L. DAVIS III 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 AR20120009151 ______________________________________________________________________________ Page 3 of 3 pages