Applicant Name:  ?????

Application Receipt Date: 2010/12/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable.  He contends that he is seeking help for  Post Traumatic Stress Disorder (PTSD).  The applicant submitted no issues of equity or propriety to be considered by the Board.

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: 080425
Discharge Received: 			   Date: 080507   Chapter: 14-12c       AR: 635-200
Reason: Miscondcuct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: 3rd Platoon, 68th Trans Company, APO AE 09630 

Time Lost: Confinement/Military Authorities for 23 days (080312-080405).

Article 15s (Charges/Dates/Punishment): 071017, wrongfully used marijuana (070804-070904); reduction to E-1, forfeiture of $650 pay x 2 months and extra duty for 45 days (suspended), (FG).

Undated, the suspension of punishment of $650 pay x 2 months and extra duty for 45 days was vacated for the new offense of wrongfully using marijuana (080119-080219).

070425, without authority, failed to go at the time prescribed to his appointed place of duty x 3 (070110), (070206), (070301); reduction to E-3 (suspended), extra duty for 7 days and restriction for 7 days, (CG).

071009, the suspension of punishment of reduction to E-3 was vacated for the new offense of wrongfully using marijuana (070804-070904). 

Courts-Martial (Charges/Dates/Punishment): 081220, wrongfully used marijuana (080119-080219); forfeiture of $898 pay and confinement for 30 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 060607    Current ENL Term: 04 Years  ?????
Current ENL Service: 	01  Yrs, 10 Mos, 08 Days ?????
Total Service:  		04  Yrs, 03 Mos, 01 Days ?????
Previous Discharges: 	RA-040113-060606/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 88M10 Motor Transport Operator   GT: 89   EDU: HS Grad   Overseas: Italy/Southwest Asia   Combat: Iraq (050824-060810)
Decorations/Awards: ARCOM, NDSM, GWOTSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Fort Pierce, FL 
Post Service Accomplishments: The applicant states he volunteers mentoring teens and coaches a local community baseball team.   

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 22 April 2008, 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 x 2 (080119-080219), (070804-070904); and without authority, failing to go at the time prescribed to his appointed place of duty x 3 (070110), (070206), (070301), with an  under other than honorable conditions discharge.  He was advised of his rights.  
       
       On 22 April 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived consideration of his case by an administrative separation board, 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 an under other than honorable conditions discharge.  
       
       On 30 April 2008, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of under other than honorable conditions.
       
       The applicant's record contains a Military Police Report dated, 1 October 2007, with additional offenses related to the report.

       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 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, but a general discharge 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 during the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The analyst determined that 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 military personnel.  By the misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant provided no independent 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 applicant submitted no issues of equity or propriety to be considered by the Board; he simply stated that he is seeking help for PTSD.
       
       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: 10 August 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel:  [ redacted ]

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (101201); Self-Authored Statement; Letter, Department of Veteran Services, dated (101202); four (4) Support Statements, dated (101118), (100826); (100827); and a DD Form 214, dated (080507).

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 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 1    No change 4
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: None













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 AR20100030082
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