Applicant Name:  ?????

Application Receipt Date: 2011/06/24	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that his wrongful use of marijuana was a way of self-medicating due to his chemical dependency that was a result of the psychological medication that he was prescribed through the Army Behavioral Health Clinic.  The domestic violence assault was a result of countless verbal altercation documented by the military police over a span of 3 months.  It was caused in part by his inability to mentally cope with his psychological issues and his wife’s alcohol abuse.  He was exonerated of the possession of child pornography material.  The criminal investigation division traced the internet protocol address to his neighbor’s dwelling where he had downloaded the material to the applicant’s lap top.

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: 101001
Discharge Received: 			   Date: 110120   Chapter: 14-12c(2)      AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: Headquarters and Headquarters Company, 2d Battalion, 23rd Infantry Regiment, 4th Stryker Brigade Combat Team, 2d Infantry Division, Joint Base Lewis-McChord, Washington 

Time Lost: AWOL x 3 for a total of 58 days, (100805 - 100822), (100902 - 100906), (101211 - 110120), mode of return unknown.

Article 15s (Charges/Dates/Punishment): 090730, without authority failed to go at the time prescribed to his appointed place of duty, 0700 railhead detail (090711); without authority failed to go at the time prescribed to his appointed place of duty, 0900 CQ runner (090711); failed to go at the time prescribed to his appointed place of duty, 0630 accountability formation (090616); reduction to E-2, 13 days extra duty, and 13 days restriction to the limits of the barracks, place of duty, place of worship, dining facility, and medical facility, (CG).

Courts-Martial (Charges/Dates/Punishment): 100805, unlawfully struck Mrs. M in the face with his hand (081025); unlawfully grab Mrs. M on the arm with his hand (081025); threw Mrs. M to ground with his arms (081025); wrongfully used marijuana, a schedule I controlled substance (100125 – 100225), 30 days confinement, (Summary)

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 070502    Current ENL Term: 6 Years  17 Weeks
Current ENL Service: 	3   Yrs, 6  Mos, 16  Days ?????
Total Service:  		3   Yrs, 6  Mos, 16  Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 13F10 Fire Support Specialist   GT: 102   EDU: HS Grad   Overseas: SWA   Combat: Iraq (071101 - 080702)
Decorations/Awards: NDSM, GWOTSM, ICM w/CS, ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 1 October 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, commission of a serious offense, for abuse of illegal drugs and assault, with an under other than honorable conditions discharge.  He was advised of his rights.  
       
       On 24 June 2010, the applicant waived his right to an administrative separation board as part of the court-martial pre-trial offer.  On 7 October 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, 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.  The intermediate commander reviewed the proposed action and recommended approval of the separation with an under other than honorable conditions discharge.  
       
       On 23 December 2010, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of under other than 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 the issue and documents submitted with the application, the analyst found no mitigating factors which would merit a change to the applicant's narrative reason for discharge.  
       
       The analyst determined that the applicant’s discharge was appropriate because his quality of service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a Soldier.  The applicant, as a Soldier, 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 diminished his quality of 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 contends mitigating circumstances contributed to his misconduct; specifically, family issues contributed to his discharge.  While the applicant may believe his family issues were the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from stress 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 analyst noted the applicant's contention of self medicating.  The record shows that on 30 September, the applicant underwent a mental evaluation which indicates that he was mentally responsible, with thought content as clear, and was able to recognize right from wrong.  The record does not support the applicant’s contention of self medicating due to previously being prescribed prescription medication.
       
       Therefore, 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: 12 January 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 with a self-authored statement, military biography and a DD Form 214

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: ?????
Other: ?????
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 AR20110013467
______________________________________________________________________________


Page 4 of 4 pages