Applicant Name:  ?????

Application Receipt Date: 2011/03/31	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I believe my discharge should be changed for the following reasons:

1) I unknowingly ingested a banned substance that is contained in an "over the counter" performance-improvement product legally sold at numerous health stores such as GNC. This was recommended to me by a fellow Officer who was also using this product.  The product is used to help speed-up muscle recovery and relieve joint pain; which was helpful during deployments in which my unit performed multiple missions daily.

2) This product, Hemp Seed Oil; unfortunately contained a very small amount of THC, a banned substance.

3) Upon my return home from this deployment I was invited to "Selection" for Special Forces Operational Detachment Delta.  I injured my ankle during the second week of selection.  Upon returning to my unit/base I was notified that I tested positive for THC and was just barely over the legal limit.

4) Throughout the disciplinary process I explained that I tested positive (barely) from taking an over the counter herbal medicine to help with muscle recovery and joint pain while on deployment.  I actually was in charge of monitoring others in my unit during their drug-screen tests.  I also was well aware that I was going to be drug-tested upon returning from block leave.  Knowing I was going to be tested why would I risk using illegal drugs?

I served my Country with Honor and Responsibility. My record, accomplishments, service, and referrals will show that I was an upstanding soldier in the US Army and that I would never knowingly use illegal substances.

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: 090416
Discharge Received: 			   Date: 090611   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: HHC, 1.75th RGR, Hunter Army Airfield, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 090403, Wrongful use of marijuana between (090123-090223), reduction to E4; forfeiture of $350.00 pay per month for 2 months; extra duty for 45 days; 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: 060118    Current ENL Term: 05 Years  ?????
Current ENL Service: 	03 Yrs, 05 Mos, 12 Days ?????
Total Service:  		05 Yrs, 06 Mos, 29 Days ?????
Previous Discharges: 	RA-031113-060117/HD
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 122   EDU: HS Grad   Overseas: Southwest Asia   Combat: Afghanistan (050104-050409 and 070404-070710) and Iraq (051115-060106, 060708-061008, and 080106-080406)
Decorations/Awards: JSCM, ARCOM, AGCM, NDSM, ACM-w/2CS, GWOTEM, GWOTSM, ICM-w/CS, ASR, CIB, EIB

V.  Post-Discharge Activity
City, State:  Seattle, WA
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 16 April 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 abuse of illegal drugs, with a general, under honorable conditions discharge.  He was advised of his rights.
       
       On 22 May 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf.   The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  
       
       On 1 June 2009, the separation authority waived further rehabilitation 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 during the period of enlistment under review, issues, and document submitted with the application, the analyst found no mitigating factors which 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 analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct.
       
       The applicant contends he unknowingly ingested a banned substance that was contained in an over the counter performance-improvement product.  The analyst noted the applicant's contention; however, the applicant by violating the Army's policy not to possess or use illegal drugs, compromised the special trust and confidence placed in a non-commissioned officer (NCO).  The applicant, as a NCO, 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 the misconduct diminished the quality of service below that meriting a fully honorable discharge.  
       
       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: 13 January 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application, Letter to Member of Congress, extract from AR 600-85, dated 2 February 2009, Abstract (6), Character Reference Statement, NCO Evaluation Report (2), Recommendation For Award, Memorandum for Appeal of Field Grade Article 15, Memorandum Reference Instructions for Attending the Special Forces Qualification Course, Drug Tested Results, dated 23 February 2009, and DD Form 214 for the period of service under review.

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						
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: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
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 AR20110006012
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