Applicant Name:  ?????

Application Receipt Date: 090811	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and supporting documentation 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: NIF
Discharge Received: 			   Date: 090107   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: E Co, 25th BSB, Ft. Wainwright, AK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 070828    Current ENL Term: 04 Years  ?????
Current ENL Service: 	01 Yrs, 04 Mos, 09 Days ?????
Total Service:  		04 Yrs, 02 Mos, 10 Days ?????
Previous Discharges: 	RA   041028-070827/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 92G  Food Service Op   GT: 96   EDU: HS Grad   Overseas: Alaska, SWA   Combat: Iraq (050815-061213)
Decorations/Awards: ARCOM, NDSM, GWOTSM, ICM w/Campaign Star, ASR, OSR (2), CAB, VUA

V.  Post-Discharge Activity
City, State:  Norman, OK
Post Service Accomplishments: None submitted by the Applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The facts and circumstances pertaining to the Applicant’s discharge from the Army are not contained in the available records.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the Applicant.  The DD Form 214 indicates that the Applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c(2) by reason of misconduct, drug abuse, with a characterization of service of under other than honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct - drug abuse).  On 22 December 2008, the separation authority approved the unconditional waiver, waived further rehabilitative efforts and directed that the Applicant be discharged with a characterization of service of under other than honorable conditions.
       
       The record of evidence contains a General Officer Memorandum of Reprimand, dated 27 February 2007, reprimanding the Applicant for driving under the influence of alcohol in Fairbanks, Alaska, on 26 January 2007.

       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 the Applicant’s available military records, and issues and documents submitted related to PTSD with the application, the analyst determined that the Applicant’s available record of service during the period of enlistment under review is void of the specific facts and circumstances concerning the events that led to the discharge from the Army.  However, the Applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the Applicant's signature.  This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process.  The DD Form 214 indicates that the Applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c(2) by reason of misconduct (drug abuse), with a characterization of service of under other than honorable conditions.  Barring evidence to the contrary, 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 acknowledges the Applicant's successful combat tours in Iraq, and noted the many accomplishments outlined in his application and in the documents with his application.  However, in review of the Applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  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 fully honorable discharge.  Furthermore, the analyst noted the Applicant's diagnosis of PTSD outlined in the documents with his application; however, the analyst found no evidence that the Applicant did not fully understand the difference between right and wrong when he committed the misconduct that caused the unit commander to initiate the separation action.  Lastly, the analyst determined that the Applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army.  If the Applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration.  In light of the foregoing, 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: 19 August 2009         Location: Washington, D.C.

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 was too harsh based on the Applicant’s length and quality of his service to include his combat service and, as a result, it is inequitable.  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 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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090013729
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