Applicant Name:  ?????

Application Receipt Date: 2011/01/06	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, “This is a letter in request for a review of my discharge from the Army.  On August 24, 2009 I was discharged from the Army under honorable conditions (General).  The narrative reason for separation: misconduct (drug abuse).  Although I have admitted that I did test positive for the use of THC prior to attending BCT, I am requesting that the narrative be changed to uncharacterized for the reason of “Entry level Separation” because I believe such characterization is harsh and has adversely affected my employment prospects.  Such failures are hard lessons learned, and I am hopeful that I will find a way to set things right.  I joined the Army with the belief that America is a great nation, and sacrificing one’s life to defend the constitution is an honorable deed.  Today, despite my failures, I hold this belief and always will as long as America holds true to her constitution.  I have done wrong.  I ask that you honor my petition.  Thank you for your consideration.

I am requesting this change because I was discharged prior to 180 days of active service. The ‘issues’ are as follows:

1. My discharge is inequitable because such characterization has prohibited me from qualifying for government sponsored employment programs that are set up to help unemployed people like myself gain training to rejoin the work force.  Such a situation leaves me with little or no options of finding employment in this economic down turn.  Regrettably, I have not been able to find employment since my discharge from the Army.

2. My discharge is inequitable because I have shown a lifetime of exemplary achievements, which has been overlooked by a large number of potential employers due to the negative characterization of my discharge.  Please see supporting documents, college diplomas etc.

3. My discharge is inequitable because it is an Entry Level Separation that occurred less than 180 days of active duty service.  I am respectfully requesting to have the characterization changed to ‘Uncharacterized’ ‘Entry Level Separation’.”

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: 090807
Discharge Received: 			   Date: 090824   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: C Company, 2-10th Infantry Battalion, 3rd Chemical Brigade, Fort Leonard Wood, MO 

Time Lost: AWOL x 1 for a total of 25 days (090703 - 090728), returned to unit.  AWOL is not reflected on DD Form 214.

Article 15s (Charges/Dates/Punishment): 090702, wrongfully used marijuana (090125 – 090131), reduction to E-2, forfeiture of $784.00 per month for 2 months, 8 days extra duty, restricted to the limits of the company area, DFAC and place of worship for 8 days, (FG).

090806, AWOL (090703 – 090728), reduction to E-1, forfeiture of $674.00 for 2 months, 45 days extra duty, restriction for 45 days to the limits of the battalion area, CTMC and place of worship, (FG).

090807, the punishments imposed (090806) of 45 days extra duty and restriction were remitted.


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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  31
Current ENL Date: OAD 090428    Current ENL Term: NIF Years  ?????
Current ENL Service: 	 0   Yrs, 3 Mos, 27 Days ?????
Total Service:  		 0   Yrs, 9Mos, 20Days Includes inactive service
Previous Discharges: 	USAR 081105 - 090824/NIF 
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: None   GT: 121   EDU: BS Degree   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Pasadena, CA
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 7 August 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, abuse of illegal drugs, for testing positive for marijuana (090202), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 11 August 2009, 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 13 August 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 a careful review of all the applicant’s military records for the period of enlistment under review and the issue and documents he submitted, the analyst determined that the characterization of service is improper.  
       
       The analyst noted that the applicant was separated under the provisions of Chapter 14, paragraph 14-12c (2), AR 635-200, for misconduct (drug abuse), with a general, under honorable conditions discharge.  However, Army Regulation 635-200, paragraph 14-3d, stipulates that if a discharge under other than honorable conditions is not warranted for a Soldier in entry-level status, then the characterization will be described as uncharacterized.  
       
       In view of the foregoing, the analyst recommends to the Board to grant relief in the form of an upgrade of the characterization of service to uncharacterized.  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: 26 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, diplomas 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 applicant’s characterization of service is improper.  The evidence of record supports the conclusion that the applicant was discharged while in entry-level status.  In view of the aforementioned, the Board voted to grant relief by changing the characterization of service to uncharacterized. However, the board found that the reason for discharge was fully supported by the record and voted not to change it.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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 AR20110000499
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