Applicant Name:  ?????

Application Receipt Date: 2009/07/31	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant requests an upgrade of his discharge to fully honorable.  The applicant contends he was being considered for medical retirement, the Medical Evaluation Board was completed and forwarded to the General Court Martial Convening Authority (GCMCA) for signature.  Instead he was discharged while receiving medical and mental treatment for his addiction under the  provision of Chapter 14, paragraph14-12c(2), AR 635-200.  He relates that his Post Traumatic Stress Disorder (PTSD) was not addressed or associated with his drug abuse while on active duty.  Also, the applicant further requests that his case be reviewed again by a Medical Board and after the findings he be medically retired from active duty with full benefits.    

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: 090112
Discharge Received: 			   Date: 090225   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location:  C Co, Warrior Transition Bn, Madigan Army Medical Center, Fort Lewis, WA  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080530, wrongfully using marijuana (080218-080318); forfeiture of $446 pay x 2 months (suspended), extra duty for 45 days, and restriction for 45 days (FG).

080530, the suspension of punishment of reduction to E-1 and forfeiture of $670 pay x 2 months, was vacated for new offense of wrongfully using marijuana (080218-080318).

080116, wrongfully using heroin (071001-071031); reduction to E-1, forfeiture of $670 pay x 2 months (both suspended), extra duty for 30 days,and restriction for 30 days (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 050105    Current ENL Term: 04 Years  16 Weeks
Current ENL Service: 	04 Yrs, 01Mos, 21Days ?????
Total Service:  		04 Yrs, 01Mos, 21Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 115   EDU: 14 Years   Overseas: Southwest Asia   Combat: Iraq (070408-070718)
Decorations/Awards: ARCOM, AGCM, NDSM, ICM-W/BSS, JGWOTSM, ASR, CIB

V.  Post-Discharge Activity
City, State:  Spanaway, WA 
Post Service Accomplishments: None Listed 


VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 14 October 2008, 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 wrongfully using heroin (071001-071031), and wrongfully using marijuana (080218-080318)(see unit commander's recommendation memorandum), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 17 October 2008, 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 general, under honorable conditions and did not submit a statement in his own behalf.  
       
       On 20 October 2008, the unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  On 22 October 2008, the intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge. 
       
       On 8 December 2008, the unit commander reiterated the initiation of separation proceedings against the applicant for commission of a serious offense.  The applicant was concurrently pending a medical discharge.  The unit commander also indicated that under the provisions of paragraph 1-33, AR 635-200, the General Court Martial Convening Authority (GCMCA) would make the final decision if the Soldier should be separated under the provisions of Chapter 14, paragraph 14-12c, for misconduct or processed through medical channels for eventual discharge.  The unit commander requested a copy of the medical board results for forwarding through the chain of command to the GCMCA.
       
       On 8 December 2008, the appplicant signed a memorandum confirming and acknowledging that he was afforded the opportunity to seek, and had sought legal counsel in regards to his pending separation under the conditions outlined in Chapter 14-12c.  He further acknowledged waiving his right to appear before an administrative separation board and waiving his right to submit a conditional waiver, both of which he was informed through Trial Defense Services.
       
       On 12 January 2009, the unit commander reviewed the findings and recommendations of the Medical Evaluation Board and recommended that the applicant be separated under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for commission of a serious offense with a general, under honorable conditions discharge.
       
       On 13 January 2009, the intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with general, under honorable conditions discharge. 
       
       On 15 January 2009, the senior intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with general, under honorable conditions discharge. 
       
        On 19 February 2009, the separation authority reviewed the information pertaining to the applicant and the recommendation for separation from the service under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for commission of a serious offense.  He directed that the applicant be discharged from the service.  
       
       Under the provisions of paragraph 1-33, AR 635-200 and paragraph 4-3, AR 635-40, the separation authority found that the applicant's medical condition was not the direct and substantial contributing cause of the conduct underlying the recommendation for administrative separation.  No other circumstances of the applicant's case warrant disability processing instead of further processing for administrative separation.  The separation authority directed that the applicant's service be characterized as 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 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 his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  
       
       By his misconduct, the applicant diminished the quality of his 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 noted the applicant's issues; however the evidence of record shows that the applicant was concurrently pending a medical discharge under the provisions paragraph 1-33, AR 635-200, and that the General Court Martial Convening Authority (GCMCA) would make the final decision if the Soldier would be separated under the provisions of Chapter 14, paragraph 14-12c, for misconduct or processed through medical channels for eventual discharge. 
       
       Further, under the provisions paragraph 1-33, AR 635-200 and paragraph 4-3, AR 635-40, the separation authority determined that the applicant's medical condition was not the direct and substantial contributing cause of the conduct underlying the recommendation for administrative separation.  No other circumstances of the applicant's case warrants disability processing instead of further processing for administrative separation.
       
       The analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       The analyst noted the applicant's diagnosis of PTSD while serving on active duty and outlined in the documents with his application, to include his post service diagnosis and treatment from VA Medical Center.  However, in review of the applicant’s entire service record, the analyst found that this medical condition while the applicant was serving on active duty did not overcome the reason for discharge and characterization of service granted.  
       
       The analyst concluded that just because someone is suffering from PTSD does not mean that they don't know the difference between right and wrong or that they do not have control over their behavior.  There are many Soldiers with the same condition that complete their service successfully.  
       
             Regarding the applicant's issue that his case be reviewed by a Medical Board again and that he be medically retired from active duty with full benefits is  not  an issue that falls within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter.  An application for that Board can be obtained online or from the Veterans Administration.  
        
       Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends that the Board deny relief.
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 14 June 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: The applicant submitted a DD Form 149 and the following documents:  a Self-Authored Statement, dated (090722); DD Form 214, dated (090225); Memorandum, Chief, Congressional and Special Actions, dated (090803); Medical Evaluation Board Proceedings, dated (081028); Medical Evaluation Board Narrative Summary  (6) pages, dated (080818); Medical Documents (85) pages; Active duty Military Records (80) pages; VA Medical Records (68) pages. 

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















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 AR20090013319
______________________________________________________________________________

Page 1 of 4 pages