Applicant Name:  ?????

Application Receipt Date: 2009/07/01	Prior Review:     Prior Review Date: 2007/03/23 Records Review  

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to general, under honorable conditions, in order use his G.I. Bill.  Also, he relates that he would like to obtain a government job.  He was a young man when he made this mistake and is much older now and understands that rules have a purpose.  

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: 011031
Discharge Received: 			   Date: 011122   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: C Battery, 3-27th Field Artillery Regiment (MLRS), Fort Bragg, NC   

Time Lost: None

Article 15s (Charges/Dates/Punishment): 010925, wrongfully using marijuana (010805-010904); reduction to E-1, forfeiture of $521 pay x 2 month, restriction for 45 days (suspended), and extra duty for 45 days (Field Grade).

010829, disobeying a lawful order from a SSG (010820), and failing to go to his appointed place of duty (010808); reduction to E-3 (suspended), forfeiture of $350 pay x 1 month, restriction for 14 days, and extra duty for 14 days (Company Grade).

010905, the suspension of the punishment of reduction to E-3 was vacated for the new offense of breaking restriction (010903).

010727, failing to go at the time prescribed to his appointed place of duty x 2, (010713) and (010713); extra duty for 14 days, and restriction for 14 days (Summarized). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 990728    Current ENL Term: 03 Years  ?????
Current ENL Service: 	02 Yrs, 03Mos, 25Days ?????
Total Service:  		02 Yrs, 03Mos, 25Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 13P1P MLRS Lance Operator FD Spec   GT: 87   EDU: HS Grad   Overseas: None    Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  McKeesport, PA 
Post Service Accomplishments: None Listed

 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 31 October 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct—abuse of illegal drugs for wrongfullly using marijuana, disobeying a noncommissioned officer, breaking restriction, and numerous failure to repair, 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, waived consideration of his case by an administrative separation board, contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge, 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.  
       
       On 31 October 2001, the intermediate and senior intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge discharge.  
       
       On 1 November 2001, the separation approving authority denied the request for a conditional waiver and appointed an administrative separation board.  On 2 November 2001, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 2 November 2001, the applicant again consulted with legal counsel, waived consideration of his case by an administrative separation board, and did not submit a statement in his own behalf.  
       
       On 2 November 2001, the separation authority directed that the applicant be discharged with a characterization of service of under other than honorable conditions.  The applicant was to be reduced to the lowest enlisted rank.  

       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, the issues and document submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.
       
       The applicant’s discharge was appropriate because the 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 the quality of service below that meriting a general, under honorable conditions discharge.
       
             Eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of this Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       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.
       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 July 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: No

Witnesses/Observers: [redacted]   (Observer) 

Exhibits Submitted: The applicant submitted a DD Form 214, dated (011122).  The applicant submitted the following additional documents;  USMEPCOM Form 601-23-4, dated (970501); Direct Loans, four  (4) pages, dated (081221); Leave and Earning Statements, twelve (12) pages; Special Unit Orders, dated (000224); and Chapter 14 Discharge Packet, thirty nine (39) pages.  

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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












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 AR20090011908
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