Applicant Name:  ?????

Application Receipt Date: 2009/09/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "Change requested because of medical condition."

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: 080401
Discharge Received: 			   Date: 080423   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: B Trp, 7/10th Cav, Fort Hood, TX 

Time Lost: AWOL x 7: 30 days (070422-070521) apprehended; 22 days ( 070522-070612), mode of return unknown; 5 days (070614-070618), mode of return unknown; 2 days (070727-070729), mode of return unknown; 4 days (070804-070807), mode of return unknown; 3 days (070810-070812), mode of return unknown; and 104 days (070814-071126), mode of return unknown.  Total time lost 170 days.

Article 15s (Charges/Dates/Punishment): 070215, Wrongful use of marijuana between (070105 and 070125), reduction to E1; forfeiture of $650.00 per month for two months; and extra duty and restriction for 45 days, (FG).

070712, AWOL x 3 (070422-070521, 070522-070613, and 070614-070619), and wrongful use of marijuana between (070524 and 070613), forfeiture of $650.00 pay per month for 2 months; and extra duth and restriction for 45 days, (FG).

Courts-Martial (Charges/Dates/Punishment): 080131, SCM, AWOL x 3 (070727-070730, 070810-070813, 070814-071127), failure to go at the time prescribed to his appointed place of duty on divers occasions between (070712 and 071128), and disrespectful in deportment towards a noncommissioned officer (070713).  Sentence consisted of forfeiture of $867.00 pay for one month; hard labor without confinement for 30 days; and restriction for 30 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 050706    Current ENL Term: NIF Years  ?????
Current ENL Service: 	02 Yrs, 03Mos, 29Days ?????
Total Service:  		02 Yrs, 03Mos, 29Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 92Y10/Unit Supply Spec   GT: 87   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

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





VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 1 April 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 marijuana on three separate occasions; AWOL (070422-070521; 070522-070613; 070614-070619; 070727-070730; 070810-070813; 070814-071127); failure to report on diverse occasions; and disrespect toward an noncommissioned officer, with a general, under 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, 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 a general, under honorable conditions discharge.  On 14 April 2008, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of 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 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 documents, and the issues he submitted, 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.  
       
       Furthermore, 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.
       
       The applicant contends that an upgrade in his discharge is requested because of a medical condition, however, the record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.
       
       In view of the foregoing, the analyst determined that the characterization of service and reason for discharge 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: 7 July 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Department of Veterans Affairs
                 6439 Garners Ferry Road
                 Columbia GA  29209-1639


Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214 for period of service under review, Certificate of Completion, dated, 3 February 2006, and Order of the Spur, dated, 15 November 2006.

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 directs ARBA St. Louis to administratively change block 25, "Separation Authority" to "Paragraph 14-12b," block 26, "Separation Code (SPD)" to "JKQ," block 27, Reentry (RE) Code to "3," and block 28, "Narrative Reason For Separation" to "Misconduct (Serious Offense)" as approved by the separation approving authority.  Except for the forgoing modifications to the applicant's Separation Authority, Separation Code (SPD), Reentry (RE) Code, and the Narrative Reason For Separation," 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: Misconduct (Serious Offense)
Other: The Board directs that block 25, Separation Authority be administratively changed to "Paragraphs 14-12c," block 26, Separation (SPD) Code to "JKQ," block 27, Reentry (RE) Code to "3," and block 28, "Narrative Reason For Separation" to "Misconduct (Serious Offense)."										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA










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 AR20090015682
______________________________________________________________________________


Page 1 of 4 pages