Applicant Name:  ?????

Application Receipt Date: 2010/12/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, “I am requesting a change to honorable discharge due to the fact that I was accused and charged with something I had no part of.  The Privates that I was in FTC with were caught up in the selling of drugs and other things not in accordance with the rules while at FTC.  I did not participate in the actions of the other privates and was more or less guilty by association.  I was given 20% disability and have been denied my claims.  I only wish to get the benefits I have coming to me for signing up and serving in the Army.  The investigators that interviewed me had already accused me of being a part of the whole ordeal and I was told that if I lied and “said I was involved” then I would be relinquished of all charges because the people doing it were in fact friends of mine.  I passed all my drug screens; I cooperated and helped the investigators find the main person involved.  I refuse to continue to have my name tarnished and my DD-2 14 have Misconduct (Drug Abuse) as a narrative reason for separation.  The investigators told me that PVT V had already said that I was involved to get herself out of trouble. However, they also told me that they knew she was lying because of the polygraph she took.  I was hemmed up in the whole thing because my Supposed “Battle Buddy” PV2 G and I spent a great deal of time together.  At this point I don’t care who those people are or what they did while at FTC.  I only wish to have my record cleaned of any charges so that I can move on with my life and possibly re-enlist.  The people who I was friends with should not have been a determining factor on the decision to charge me with misconduct and drug abuse.  I was not nor have I ever been a drug addict.  I was forced to stay on post during Christmas exodus, I was forced to admit guilt to something I had no part of; and I was manipulated by the Investigators to plead guilty with promises of exoneration of charges and released with my proper medical discharge.  I continue to have problems with injuries sustained while in training; and the doctor’s bills I have accrued since my discharge are piling up.  I learned to better choose my company, and will continue to fight this.  I wanted a RTD instead of getting a MEB.  I joined the service to better myself to fight for, and if need be die for my country and I feel as though I was unfairly treated while at FTC and was charged due to association and not based on facts.”

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: 090224
Discharge Received: 			   Date: 090313   Chapter:   14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: Fitness Training Company, 43D Adjutant General Battalion (Reception), 3D Chemical Brigade, USACBRN School, Fort Leonard Wood, MO 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 081211, wrongfully received a note from a female Soldier (081203), 7 days extra duty and restriction, (FG).

090217, wrongfully used and received a controlled substance from PVT V while at Fort Leonard Wood, MO, forfeiture of $699.75 pay per month for two months, 45 days extra duty and restriction, (FG).

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 




IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 080810    Current ENL Term: 6 Years  ?????
Current ENL Service: 	  0  Yrs, 7 Mos, 4 Days ?????
Total Service:  		  0  Yrs, 7 Mos, 4 Days ?????
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: None   GT: 113   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Peru, IN
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 24 February 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 admitting to use and possession of a controlled substance (090126), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 24 February 2009, the applicant waived consulting 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 9 March 2009, 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 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 carefully examining the applicant’s record of service during the period of enlistment under review the issue and documents submitted with the application, the analyst determined that the discharge was both proper and equitable.  
       
       The analyst determined that the applicant’s discharge was appropriate because his quality of service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a Soldier.  The applicant, as a Soldier, had the duty to support and abide by the Army's drug policies.  By abusing illegal drugs, the applicant knowingly risked a military career and diminished his quality of 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 contends that he was unjustly accused of illegal drug abuse and therefore unfairly discharged.  However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue.  There is no evidence in the record, nor has the applicant produced any evidence or documentation to support the contention that he was unjustly discharged.  In fact, the applicant’s two Articles 15 under the Uniform Code of Military justify a discharge due to misconduct.  The applicant’s statement alone does not overcome the government’s presumption of regularity in this case.  
       
       The applicant contends that he should have been medically discharged; however, the analyst determined that Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct.  
       
       Eligibility for veteran's benefits to include medical benefits, educational benefits under the Post-9/11 or Montgomery GI Bill do not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       Therefore, the analyst determined 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: 17 August 2011         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 with a self-authored statement 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 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: 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 AR20100030131
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