Applicant Name:  ?????

Application Receipt Date: 2011/05/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "I served my country honorably during three combat deployments in both Iraq and Afghanistan. I participated and successfiully led Soldiers on over Four Hundred combat missions during Counter-Insurgency Operations. These included Ambushes, Raids, and Reconnaissance Patrols, from the streets of Western Baghdad to the Hindu Kush Mountains, that resulted in the capture or neutralization of over One Hundred enemy Insurgents.  These individuals included High Value Targets such as Khalid Sabir Jassim, a former Deputy Commander of the Naqshabandiya Terror Network in northeni Iraq and Mohammed Al-Obeydi one of his subordinate cell leaders. I also participated in numerous other operations against various other Insurgent groups that committed terrorist attacks and murders against innocent Afghan and Iraqi Civilians and Soldiers, as well as U.S. Forces. These groups include: the Taliban, Al-Qaeda, Jaysh Al-Islami (JAI), Al-Qaeda in Iraq (AQI), Islamic State of Iraq (ISI), Mahdi Militia, and Naqshabandiya. I served in numerous different levels of responsibility and duty positions which included: Grenadier, Automatic Rifleman, M240B and M2 Machine Gunner, Sniper Team Leader, Fire Team Leader, Rifle Squad Leader, Weapons Squad Leader, and Platoon Sergeant. I was even awarded the Bronze Star Medal after the last deployment in 2008. My subsequent substandard discharge I received was a result of drug use which occurred after I had already been diagnosed with Chronic Post Traumatic Stress Disorder (a copy of my Fort Drum Health record from April 2010 has been included.) I have been denied disability, compensation, and even my G.I. Bill from the Department of Veteran Affairs and I am so far unable to obtain a civilian job. In spite of my substance abuse problem, I believe that my prior exemplary service entitle me to an upgrade in my Discharge status from General Under Honorable to Honorable. In all I spent over nine years in the U.S. Army, survived every type of attack imaginable overseas, lost my sanity, and have nothing to show for it. I simply request the ability to reclaim what used to be mine, my Honor."

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: 	RETAIN  Date: NIF
Discharge Received: 			   Date: 100823   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: A Co, 3-85 WTU, Fort Drum, NY 

Time Lost: 5 days, AWOL (090420-090424), not reflected in the applicant's DD Form 214.

Article 15s (Charges/Dates/Punishment): 090626, disobeyed a lawful order from a commissioned officer (090420), wrongfully used cocaine (090301-090401), AWOL (090420-090424), reduction to E-5, forfeiture of $1,249 for two months (suspended) (FG)

100208, Field Grade Article 15, not contained in the OMPF; however, it is listed in the commander's notification memorandum.  The imposed punishment consisted of reduction to E-4 (suspended), forfeiture of $1,146 and 45 days of extra duty (FG) 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  26
Current ENL Date: 080516    Current ENL Term: 6 Years  ?????
Current ENL Service: 	02 Yrs, 03Mos, 08Days ?????
Total Service:  		09 Yrs, 02Mos, 23Days ?????
Previous Discharges: 	RA 010531-050111/HD
                                       RA (050112-070104/HD
                                       RA (070105-080515/HD
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 11B20/Infantry   GT: 102   EDU: HS Grad   Overseas: SWA   Combat: Iraq x 2 (050801-060801, 070907-081023), Afghanistan (030801-040501)
Decorations/Awards: BSM, ARCOM-3, AAM-2, ACM-CS, ICM-3, MUC, AGCM-2, NDSM, GWOTSM, ACOPDR, ASR, CIB

V.  Post-Discharge Activity
City, State:  Merrimack, NH
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that 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 wrongfully using cocaine (091126), with a general under honorable conditions discharge.  He was advised of his rights.  
       
       On 22 July 2010, the applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The company and battalion commanders both recommended that the applicant be retained in the Army.  
       
       The separation authority approved the unconditional waiver request and directed the applicant’s discharge with a characterization 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 available military records, the issues and documents submitted with the application, the analyst found several mitigating factors which would merit an upgrade of the applicant's characterization of service to fully honorable.  
       
       The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The analyst found the length and quality of the applicant's service to include the honorable completion of his first three enlistments, his three combat tours, and the recommendations of the company and battalion commanders to retain him in the Army mitigated the discrediting entry in his service record.  
       
       The applicant contends that the narrative reason for his discharge should be changed.  However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200 with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)", and the separation code is "JKK."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  
       
       In view of the foregoing, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  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 October 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214, medical documents, promotion orders, training certificates, certificates of achievement, discharge certificates, BSM award, ARCOM awards, AAM awards, CIB award.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.    Further, eligibility for veteran's benefits to include medical and 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.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 2    No change 3
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 AR20110010869
______________________________________________________________________________


Page 3 of 3 pages