Applicant Name:  ?????

Application Receipt Date: 2011/07/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, “I have learned by my mistake to stay away and be drug free.  I have gotten a diploma through ICDC College in Alcohol and drug counseling.  I am a certified counselor.  I have been going to [ redacted ] College since my general discharge and hopefully change to an honorable discharge.   My goal is to move forward with school and keep my accomplishments coming, school or hopefully reenlisting in US Army.  My other goal is to have a second chance and to move forward with my life.  I have a routine to fill out job applications, going to the gym, and keeping up with my studies to keep getting good grades.  Hopefully my grades and recent positive doings will reflect on how I improved as a good person and leaving my troubled past behind and focusing on the future.  My accomplishments, and educational endeavors and relationships with others will grow and my goals will be met.”

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: 090419
Discharge Received: 			   Date: 090428   Chapter: 14-12c(2)      AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: Company I, 262nd Quartermaster Battalion, 23rd Quartermaster Brigade, Fort Lee, VA 

Time Lost: AWOL x 2 for a total of 10 days (090119 - 090125) and (090215 - 090217), mode of return unknown.

Article 15s (Charges/Dates/Punishment): 090202, without authority absented himself from his unit, AWOL, (090119 - 090125), reduction to E-1, forfeiture of $250.00 pay per month for two months, extra duty for 15 days, restriction for 15 days to the company area, dining facility, medical facility, chapel of choice, and as deemed appropriate by company cadre, (FG).  

090228, wrongfully used cocaine (090122 - 090126); without authority absented himself from his unit, AWOL, (090119 - 090125); without authority absented himself from his unit, AWOL, (090215 - 090217); forfeiture of $699.00 per month for two months, extra duty for 45 days and restriction for 45 days to the limits of the company area, dining facility, place of duty, place of worship, medical and dental facilities, (FG).

090419, disobeyed a lawful order by wrongfully using tobacco (090405); without authority went from his appointed place of duty (090405); forfeiture of $326.00, extra duty for 14 days, restriction for 14 days to the limits of the company area, dining facility, place of duty, place of worship, medical and dental facilities, (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 080724    Current ENL Term: 3  Years  27 Weeks
Current ENL Service: 	0  Yrs, 8 Mos, 25 Days ?????
Total Service:  		0  Yrs, 8 Mos, 25 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: None   GT: 98   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Torranc, CA
Post Service Accomplishments: Attending College

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 19 April 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Section III, Paragraph 14-12c, AR 635-200, by reason of misconduct, commission of a serious offense, for use of illegal drugs, with a general, under honorable conditions discharge.  He was advised of his rights.
         
       The applicant declined the opportunity to consult with legal counsel, indicated he understood 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 a general, under honorable conditions discharge.  
       
       On 23 April 2009, the separation authority waived further rehabilitative efforts 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 during the period of enlistment under review the issue and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's 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 analyst acknowledges the applicant's successful transition to civilian life and noted his accomplishments as outlined in his application and in the documents submitted with his application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 
       
       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. 
       At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment. 
       
       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: 10 February 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, character letter, dipolma, transcript 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 AR20110014097
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