Applicant Name:  ?????

Application Receipt Date: 2008/07/15	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached document submitted by the Applicant.

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: 070309
Discharge Received: 			   Date: 070424   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: 20th QM Co, Ft Campbell, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): 070110, Summary Court Martial, two counts of Article 112A for using marijuana, (060526-060626 and 060624-060724) reduction to E1, forfeiture of $802 pay per month for one month and confinement for 30 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 030128    Current ENL Term: 4 Years  9 months (Oath of Extension of Enlistment, 050224)
Current ENL Service: 	4 Yrs, 03Mos, 00Days ?????
Total Service:  		4 Yrs, 03Mos, 00Days Extension at the Convenience of the Government 
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 92W10/Water Treatment SP   GT: 101   EDU: Home Study Diploma   Overseas: Iraq   Combat: Iraq (030915-040930)
Decorations/Awards: ARCOM, AAM, NDSM, GWOTSM, ICM, OSR, ASR 

V.  Post-Discharge Activity
City, State:  Richmond, Ky
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on  9 March 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c (2), AR 635-200, by reason of misconduct—for abuse of illegal drugs, in that he on or about (060526-060626) wrongfully used marijuana; and again on or about (060624-060724) he wrongfully used marijuana, with an under other than honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 26 March 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged 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, and the issue he submitted, the analyst determined that the applicant’s characterization of service is improper.  The record shows that the applicant was notified under Board Procedures, AR 635-200, paragraph 14-12c, he was properly notified that the final decision for his separation and characterization of service would be made by the General Court Martial Convening Authority (GCMCA).  The record indicates that the Special Court Martial Convening Authority (SPCMA) approved the applicant’s discharge with an under other than honorable conditions discharge.  Notwithstanding the propriety of the discharge, the analyst determined that in accordance with AR 635-200, Section III, paragraph 1-19c, the least favorable characterization of service that the SPCMA would have approved would have been a general, under honorable conditions.  By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  In view of the foregoing, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to general, under honorable conditions discharge.   
       
       Furthermore, the analyst noted the applicant's issue that his discharge was based on events that occurred as a result of having PTSD.  However, the evidence of record shows that on 29 August  2006, DD Form 2807-1 (Chronological Record of Medical Care) (17f) the applicant was diagnosed  with PTSD at Ft Campbell, treated with medication and counseling, continued with counseling but stopped medication.  Also at (17g)  the applicant was evaluated for anxiety depression at Behavorial Health at Ft Campbell, diagnosis PTSD.  Having examined the above documentation, the analyst determined that the applicant's discharge was not the result of any medical condition and was administratively discharged under the provisions of Chapter 14, AR 635-200 by reason of misconduct.
       The analyst found that 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: 23 June 2009         Location: Chicago, IL

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 characterization of service is improper.  The applicant was notified under Board Procedures, AR 635-200, the final decision for his characterization of service was to be made by the General Court Martial Convening Authority (GCMCA).  The record shows that the Special Court Martial Convening Authority (SPCMA) approved the applicant’s discharge with an under other than honorable conditions discharge.  Notwithstanding the propriety of the discharge, the Board determined that in accordance with AR 635-200, Section III, paragraph 1-19c, the least favorable characterization of service that the SPCMA could’ve approved was a general, under honorable conditions.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  The Board determined that the reason for discharge was both proper and equitable and voted not to change it.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080011241
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