Applicant Name:  

Application Receipt Date: 2008/09/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states that he received many awards during his military service to include the Good Conduct medal.  The circumstances surrounding his discharge were compounded by severe stress and almost complete emotional breakdown.  He realizes he should've sought help while in Iraq, however, like many others he chose to escape using other means to avoid facing the real problem.  He saw things in Iraq that no one from this society is prepared to see.  He is not trying to justify his actions but does not feel he should be penalized for life for doing what he was asked to do for his country.  He requests an upgrade to a general, under honorable conditions discharge.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   General under honorable conditions discharge.

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 051213
Discharge Received: 			   Date: 040905   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: C Co, 1-8 Cavalry Squadron, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 051107, wrongful use of marijuana (050906-051005), reduction to E-4, days extra duty 45 days, restriction for 45 days (15 days suspended), written reprimand (FG)

051122, wrongful use of marijuana (051001-051031), reduction to E-1, forfeiture of $617 x 2, 45 days extra duty and restriction (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 040905    Current ENL Term: 5 Years  
Current ENL Service: 	01 Yrs, 03Mos, 24Days 
Total Service:  		03 Yrs, 07Mos, 07Days 
Previous Discharges: 	RA 020523-040904/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 19K10/Armor Crewman   GT: 96   EDU: HS Grad   Overseas: SWA   Combat: Iraq (040310-050310)
Decorations/Awards: AAM, NDSM, AGCM, GWOTSM, GWOTEM, ASR

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





VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 13 December 2005, 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 having tested positive for marijuana (051005-051031), with an under other than honorable conditions discharge.  He was advised of his rights.  The applicant waived 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 15 December 2005, 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, 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.  Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  However, 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: 25 March 2009         Location: Dallas, TX

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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080014676
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