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 feel my discharge statues of General Under Honorable is unjust due to the fact that I did serve my country honorably.  I had a stellar military record until I was placed in the WTU. I was wrong for abusing alcohol but I did self refer myself to ASAP. I used substances to deal with the pain and stress associated with experiencing combat. I served two combat tours in Iraq totaling over 30 months. Because of my combat tours in Fallujah and Najaf, I was prescribed 14 different medication. I have been in several combat engagements. I cannot count the time I have fired my weapon in combat nor can I count the many times I have had to pick up the bodies of my battle buddies after those combat encounters. I ask that you review my military record and the attachments that I have enclosed and that you correct this unjust discharge statues. I was a great soldier and served my country honorably.  Thank you for your time and consideration of this request."

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: 080608
Discharge Received: 			   Date: 080806   Chapter: 9    AR: 635-200
Reason: Drug Rehabilitation Failure	   RE:     SPD: JPC   Unit/Location: A Co, WT Warrriors MC, Fort Sill, OK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080421, wrongfully used cocaine and marijuana (080119-080219), reduction to E-4, forfeiture of $1,032 for two months, 45 days of extra duty and restriction, oral reprimand (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  25
Current ENL Date: 041217    Current ENL Term: 4 Years  ?????
Current ENL Service: 	03 Yrs, 07Mos, 20Days ?????
Total Service:  		06 Yrs, 03Mos, 05Days ?????
Previous Discharges: 	RA 020502-041216/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 63H20/Tracked Vehicle Mechanic   GT: 101   EDU: HS Grad   Overseas: Germany, Kosovo, Iraq         Combat: Iraq x 2 (040208-050401 and 060115-061105)
Decorations/Awards: ARCOM, AAM-2, ICM-CS, MUC, NDSM, GWOTEM, GWOTSM, AGCM,  OSR, ASR

V.  Post-Discharge Activity
City, State:  Amarillo, TX
Post Service Accomplishments: None listed




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record indicates that the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP) declared the applicant a rehabilitation failure.  On 8 June 2008, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, by reason of drug rehabilitation/ASAP failure for wrongfully using cocaine and marijuana, with a general, under honorable conditions discharges.  He was advised of his rights.  
       
       On 17 June 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than honorable 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.  
       
       On 29 July 2008, the separation approved the separation action 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 and outlines the procedures for discharging individuals because of alcohol or other drug abuse.  A member who has been referred to the Army Substance Abuse Program (ASAP) for alcohol or drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical.  Army policy states that an honorable or general, under honorable conditions discharge is authorized depending on the applicant’s overall record of service.  However, an honorable discharge is required if restricted use information is used in the discharge process.

       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 determined that the applicant's characterization of service is improper.  
       
       The evidence of record shows that the applicant consulted with legal counsel and waived his right to an administrative separation board contingent upon receiving an honorable discharge.  The analyst noted that he was entitled to have his case reviewed by an administrative separation board because he had over 6 years of total active and reserve military service at the time of initiation of the separation action.  An administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects that the applicant did not receive an administrative separation board based on the conditional waiver he submitted nor an honorable characterization of service.  Furthermore, denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the characterization of his service is improper. 
       
       In view of the foregoing, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to fully honorable.  However, the narrative reason for discharge was both proper and equitable.
       
       
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 25 October 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: 13 attachments, see page 3 of the applicant's submission to the Board.

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 characterization was improper.  The evidence of record shows that the applicant had over 6 years of total active and reserve military service at the time of initiation of separation action and was entitled to an administrative separation board.  He waived the board contingent upon receiving a characterization of no less than honorable.  The record reflects that the applicant did not receive an honorable characterization of service based on the conditional waiver he submitted nor an adminstrative separation board.  The Army Discharge Review Board determined that denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the characterization is improper.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  The Board determined that the reason for discharge was proper and equitable and voted not to change it.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 3    No change 2
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 AR20110010871
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