Applicant Name:  ?????

Application Receipt Date: 2008/07/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "I would like to start by acknowledging my gratitude for the review board to review my discharge.  The time at which the occurance of my offense was made I was under an intense amount of stress.  My father was dying of luekemia and my wife and I  were recovering from a miscarraige a few weeks before.  I was very young and immature at the time and regret the decision in which I made.  I was a good soldier who served his country with pride and loved what I did.  I have grown now and have 2 sons that I am raising while enrolled in school full time.  I want to be their role model and provide them with the tools to grow from a boy to a man.  I have acknowledged the mistakes I have made which costed me my career and use it as a learning experience.  I know that these types of actions can never be committed again if I am to be considered a man.  My actions were selfish, inconsiderate, and unsensible.  It effected my family, the United States Army and myself.  I have gone under a deep reformation which has given me a new outlook on life.   want to provide the best life for my family as possible and in order for me to achieve this I need the assistance of the review board in the upgrading of my discharge.  I am doing everything in my power to achieve this goal and that is why I have returned to school.  I spent 365 days in the scorchering heat of Iraq and I don't regret one day of it and all the memorable experiences I had, but also I don't want to feel as though it was all in vain without a sign of gratitude.  I served my time without complaint, and with honor and although I made a mistake when back in garrison I believe the good I have done for my country can outweigh the one wrongdoing committed on behalf of stupidity.  I decided to enter the U.S Army to show my patriotism for my country and also came from a line of military servers.  My uncle served in Vietnam, and my grandfather served in the Korean War, so it was a sense of duty not only to my country but my family to join and deploy to combat.  I am not trying to sound as though I am ordering you to upgrade my discharge but I have fought and lost many friends for my country and feel as though I deserve an honorable discharge.  I completed my full term of service, deployed to combat in order to sustain the freedoms which all Americans share and to bring freedom to the Iraqi people.  So in the light of all of this I am asking the review board to not only upgrade my discharge but to help me in achieving the goals I have set for myself.  Thank you!"

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: 060823
Discharge Received: 			   Date: 060906   Chapter: 14       AR: 635-200
Reason: Misconduct, (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: HHC, 1-77 AR Regmt, APO AE 09226 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060124, wrongful use of marijuana between (050831-050930), reduction to E-3, forfeiture of $600 x 2 (suspended), extra duty for 45 days (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 020828    Current ENL Term: 4 Years  the applicant's enlistment contract shows he enlisted for four years (020828), however, the Enlisted Record Brief (ERB), indicates the applicant's ETS date as (070924).  Further, the unit commander's recommendation memoramdum shows the applicant enlisted for five years.  
Current ENL Service: 	04 Yrs, 00Mos, 09Days ?????
Total Service:  		04 Yrs, 00Mos, 09Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 63A10 Abrams Tank System Maintainer   GT: 104   EDU: 12 Years   Overseas: Germany/Southwest Asia   Combat: Iraq (040206-050207)
Decorations/Awards: AGCM, NDSM, GWOTEM, GWOTSM, ASR, OSR-2

V.  Post-Discharge Activity
City, State:  Haibach, Germany
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 23 August 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-commission of a serious offense for abuse of illegal drugs; additionally, he engaged in a pattern of misconduct, to include ingesting a drug not prescribed for him, failed to report for duty on numerous occasions, to include accountability formation and flag detail, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not indicate whether or not a statement was submitted in his own behalf.  The unit commander subsequently recommended that the applicant receive a a general, under honorable conditions discharge or be retained in the service.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On  23 August 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged 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 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, but a general discharge 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 and the issues he submitted with his application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  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 the quality of his service below that meriting a fully honorable discharge.  Furthermore, the analyst noted the applicant's issue and determined that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.  Further, the record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.  In view of the foregoing, the analyst determined that 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 April 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

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						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080010661
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