Applicant Name:  ?????

Application Receipt Date: 2011/05/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "Having patriotically enlisted as an Illinois National Guardsman post-9/11, served 4-plus years, after a slow State Officer Program had not yet sent me abroad.  Volunteering for active ARMY, in order to assist our proud Men and Women, was unilaterally dismissed with Discharge under Honorable Conditions.  However, therefore, seemingly lost GI BILL benefits, after I had been awarded upon return.  Imploring The Review Board, "do the right thing," in honoring a 9/11 Volunteer with full Honorable Benefits.  Thanks!"

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: 090420
Discharge Received: 			   Date: 090709   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: Co F, RHU, Fort Benning, GA 

Time Lost: 36 days, AWOL (090518-090622), returned to unit.

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  33
Current ENL Date: 090107    Current ENL Term: 3 Years  12 weeks
Current ENL Service: 	00 Yrs, 04Mos, 28Days ?????
Total Service:  		04 Yrs, 06Mos, 23Days ?????
Previous Discharges: 	ARNG 040826-090106/UNC
                                       IADT 050104-050319/UNC
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: None   GT: 116   EDU: College Degree   Overseas: None   Combat: None
Decorations/Awards: NDSM

V.  Post-Discharge Activity
City, State:  Chicago, IL
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 20 April 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct—commission of a serious offense, for testing positive for marijuana (090316), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 20 April 2009, the applicant declined his right to consult 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.  The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge.  
       
       On 8 May 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 for the period of enlistment under review, the issue and documents he submitted, the analyst determined that the applicant's 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, by reason of misconduct (drug abuse), with a general, under honorable conditions characterization of service.  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.  The record indicates that at the time the unit commander notified the applicant of initiation of discharge proceedings, the applicant had served less than 180 days of continuous active service and as such he was still in entry-level status.
       
       Further, the applicant contends that he would like his discharge upgraded to honorable in order to receive GI Bill benefits.  However, the applicant was in entry level status and not entitled to an honorable characterization of service.  A general, under honorable conditions discharge is not authorized under ELS conditions and a fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The analyst determined that no such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable discharge.  
       
       Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does 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.
       
       In view of the foregoing, the analyst recommends to the Board to change the characterization of service to uncharacterized.  However, the reason for the discharge was determined to be proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 28 February 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293, a self-authored statement, copy of an email (111009).



VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony and considering the analyst's recommendation and rationale, the Board determined that the applicant’s characterization of service was improper because the applicant was in entry level status.  The Board directed that the applicant's characterization of service will be changed to "Uncharacterized."  However, the Board determined the reason for the discharge was proper and equitable and voted not to change it.  
        
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
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: None
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 AR20110009902
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