Applicant Name:  ?????

Application Receipt Date: 2011/04/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that there are no excuses for his misconduct.  Before leaving Fort Hood, he completed the Army Substance Abuse Program (ASAP). Since being discharge from the Army, he has re-entered college and plan to major in health science.  He has one daughter who lives with him and it is a struggle being a single parent.  Having an honorable discharge would help him redeem the 7 values the Army taught him. 

 In addition to the horrific events he saw while deployed in Iraq, he returned to the states with numerous financial barriers.  He tried to receive BAH since entering the Army, but the request was denied since he was not married to the mother of his daughter.  He is the biological father, his name is on her birth certificate, and her name was in DEERS.  Also, he was the only African American in his platoon and he was baggered verbally.  Due to these situations, he chose to use marijuana as a scapegoat which only hurt himself.  He has turned his life around and he is currently enrolled in Sanford-Brown College.  Finally, he wants to redeem himself with a corrective discharge.   
       

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: 100512
Discharge Received: 			   Date: 100809   Chapter: 14-12c       AR: 635-200
Reason: Misconduct 	   RE:     SPD: JKK   Unit/Location: Headquarters and Headquarters Company, 3rd Battalion, 8th Calvary Regiment, 3rd Heavy Brigade Combat Team, 1st Calvary Division, Fort Hood, Texas. 

Time Lost: AWOL x 1 from (100601-100629) for 29 days; military confinement from (100725-100728) for 4 days. Total time lost is 33 days.  

Article 15s (Charges/Dates/Punishment): 100412, wrongfully used marijuana (100116-100216); without authority, failed to go at the time prescribed to his appointed place of duty (100302), reduction to E-1, forfeiture of $723 for two months, 45 days of extra duty, 45 days of restriction.  

090220, wrongfully used marijuana (081110-081210), reduction to E-1, forfeiture of $699, 45 days of extra duty.  

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 070726    Current ENL Term: 3 Years  03
Current ENL Service: 	2 Yrs, 11Mos, 11Days ????
Total Service:  		2 Yrs, 11Mos, 11Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 94   EDU: HS Grad   Overseas: SWA   Combat: Iraq (081212-091212)
Decorations/Awards: ICM with two Campaign Stars, ARCOM, NDSM, ASR, and OSR 

 

V.  Post-Discharge Activity
City, State:  Houston, Texas
Post Service Accomplishments: The applicant states that he is attending Sanford-Brown College. 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 12 May 2010, 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, testing positive for marijuana on 081210 and 100216, failing to report on 100302 and leaving his appointed place of duty on 100323.  He was given a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 14 May 2010, the applicant waive the opportunity to consult an attorney concerning the election of his rights of the proposed administrative discharge.  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 25 May 2010, the separation authority waived further rehabilitative efforts and directed the applicant be discharged with a characterization of service of general, under honorable conditions.
       
       The applicant's record does not contain a Military Police 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, 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, and the issue and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       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 his 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 stated in his issue that he is attending Sanford-Brown College. The analyst acknowledges the applicant’s document he submitted with his application outlining his successful accomplishment since separation from active duty.  The applicant is to be commended for his effort.  However, this accomplishment does not provide the Board a basis upon which to grant relief. 
       
       
       
       
       
       
       
       
       Furthermore, the analyst noted the applicant's issue that he has Post Traumatic Stress Disorder; however, the record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that his discharge was the result of any medical condition. 
       
       The applicant contends that he was undergoing financial stress and personal problems at home which resulted in his discharge.  While the applicant may believe his financial stress at work and his personal problems at home was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from his problems through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct. 
       
       The aplicant further contends that he was the only African American male in the unit and was being badgered verbally.  Although the applicant alleges that he was a victim of racism during his military service, there is no evidence in his military records and the applicant has not provided sufficient evidence supporting this contention.  Therefore, this argument is not sufficient to support his request for an upgrade of his discharge.  
       
       The applicant also states that he was not getting his BAH or compensation and that he has a dependent.  The analyst noted the applicant's issue however, the issue that the applicant raise does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing the enclosed DD Form 149 regarding this matter.  A DD Form 149 may also be obtained from a Veterans' Service Organization.  
       
       In view of the foregoing, 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: 2 November 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: A self authored-statement; an Enlisted Record Brief (ERB), a copy of a DD 214; dated 4 May 2010; and a copy of a Stanford-Brown Disclosure memorandum.


















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 found no clause for clemency and voted to deny relief.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 1    No change 4
Reason -     Change NA    No change NA
(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 AR20110007840
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