Applicant Name:  ?????

Application Receipt Date: 2011/01/18	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I request an upgrade of my discharge type to Honorable.  I am a combat veteran who has been awarded the Combat Action Badge and Army Commendation Medal, among other awards.  The end of my service was marked by a period of mental illness that I am getting treated for now.  I am currently rated 100% disabled by the VA for this condition.  It was undiagnosed while I was in the service.  It was this medical condition that was not recognized by my chain of command or Army medical personal that led to my discharge.  I tried to get mental health treatment while in service.  My mental condition was a direct result of my exposure to combat.  Please consider these facts when making your decision.  Thank you for your assistance."

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: 061002
Discharge Received: 			   Date: 061115   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: Med Co, 15th CS Bn, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060712, Wrongful use of cocaine between (060410 and 060412), reduction to E1; forfeiture of $636.00 pay for 2 months; extra duty for 45 days; and restriction for 45 days, (FG).  The Article 15 document makes reference to a continuation sheet, however, a continuation sheet was not found in the available records.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 030318    Current ENL Term: 06 Years  ?????
Current ENL Service: 	03 Yrs, 07 Mos, 28 Days ?????
Total Service:  		03 Yrs, 07 Mos, 28 Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 52D10/Power-Gen Equip Rep   GT: 126   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (040102-050901)
Decorations/Awards: ARCOM, NDSM, GWOTSM, ICM, ASR, CAB

V.  Post-Discharge Activity
City, State:  Calumet City, IL
Post Service Accomplishments: None Listed






VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 2 October 2006, 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 having tested positive for marijuana x 2 (050422 and 060817); tested positive for cocaine x 2 (060629 and 060705); and tested positive for marijuana and cocaine (060413), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 3 October 2006, 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 discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.
       
       On 13 October 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged 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 during the period of enlistment under review, the documents, and the issues he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.
       
       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 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 contends that he is a combat veteran who has been awarded the Combat Action Badge and Army Commendation Medal, among other awards and that the end of his service marked a period of mental illness for which he is getting treated for now and is currently rated 100% disabled by the Veterans Affairs.  The analyst acknowledges the applicant's in-service accomplishments to include his deployment to Iraq.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted. 
       
       
       
       
       
       
       
       
       Furthermore, the analyst noted the PTSD diagnosis from the Veterans Administration and the disability rating granted.  However, in review of the applicant's entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted.  The record shows that on 25 July 2006, the applicant underwent a mental evaluation which indicates that he was mentally responsible, with thought content as clear, and was able to recognize right from wrong.  The analyst concluded that just because the applicant suffers from PTSD does not mean he doesn't know the difference between right and wrong or that he did not have control over his behavior.  There are many Soldiers with the same condition that complete their service successfully.
       
       The applicant further contends that the medical condition that was not recognized by his chain of command or the Army medical personal led to his discharge, that he tried to get mental health treatment while in service, and that his mental condition was a direct result of his exposure to combat.  While the applicant may contend that his discharge was a direct result of his exposure to combat, the record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  
       
       Furthermore, records show that separation action was initiated against the applicant under the provisions of Chapter 14, paragraph 14-12c for having tested positive for the wrongful use of drugs.  Army Regulation 600-85, paragraph 3-8 entitled self referrals, states that the applicant could have self referred himself to the Army Substance Abuse Program (ASAP) counseling center for assistance.
       
       In view of the foregoing, 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: 31 August 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel:  [ redacted ]

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, Department of the Army, Army Commendation Medal Certificate, State of Illinois Department of Veterans Affairs Document, Department of Veterans Affairs decision document (8 pages), Vet Center document, dated 5 February 2009, and Orders, dated 12 October 2005, for award of the Combat Action Badge. 

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: NA
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 AR20110001115
______________________________________________________________________________


Page 3 of 4 pages