Applicant Name:  ?????

Application Receipt Date: 2009/09/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he wants to reenlist and that he started hanging out with the wrong people and develop a drinking problem. Also, that he became depressed and developed anxiety as a result of not seeing his love ones back home.

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: 080221
Discharge Received: 			   Date: 080310   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: B Battery, 2nd Battalion, 15th Field Artillery Regiment, 2nd Brigade Combat Team, 10th Mountain Division (Light Infantry), Fort Drum, NY 

Time Lost: AWOL x 1 for a total of 17 days from (071218-080104). The applicant returned to his unit. 

Article 15s (Charges/Dates/Punishment): 071204, AWOL, from on or about 071001-071016; reduction to Private (E-1); forfeiture of $650.00 pay; extra duty and restriction for 45 days (FG)

Courts-Martial (Charges/Dates/Punishment): 080222, Summary Court-Martial for AWOL, from 071218-080104; failed to go to his appointed place of duty on divers occasions between on or about (080105-080108); disobeyed a lawful order from SFC, a noncommissioned officer on or about 080201; disobeyed a lawful order from SGT, a noncommissioned officer on or about 080201; wrongfully consumed alcohol while under 21 years of age on or about 080201; wrongfully used cocaine between on or about 071210-071212; drunk and disorderly on or about 080201. He was sentenced to confinement for 1 month and forfeiture of $898.00 pay per month for 1 month.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 070411    Current ENL Term: 4 Years  17 Weeks/The applicant required a moral waiver at the time of enlistment, which was approved on 070213.
Current ENL Service: 	0 Yrs, 10 Mos, 13 Days The net active service this period on the DD Form 214, block 12c is incorrect; should be as annotated above.  The applicant has a period of time lost (See DD Form 214, block 29) that was not included, when the computation of his net active service was being done. 
Total Service:  		0 Yrs, 10 Mos, 13 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 13B10 Cannon Crewmember   GT: 104   EDU: GED Cert   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant. 




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 21 February 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that he wrongfully used cocaine between 071210-071212; AWOL between 071218-080104; wrongfully consumed alcohol while under 21 years of age; on divers occasions failed to go to his appointed place of duty between 080105-080108; disobeyed two lawful orders from a noncommissioned officer; drunk and disorderly, and on 071204; at a Field Grade Article 15, he was found guilty of being AWOL for 16 days, 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, unconditionally waived his right to an administrative separation board and understood that by electing this unconditional waiver, it was possible that the Army would discharge him with an under other than honorable conditions discharge. 
       
       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 3 March 2008, 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 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, and the issues submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The analyst determined that 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 the 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 that he wants to reenlist and that he started hanging out with the wrong people and develop a drinking problem.  Also, that he became depressed and developed anxiety as a result of not seeing his love ones back home.  At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  A RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment. 
       
       Furthermore, the evidence of record shows that the applicant attended several group therapy sessions and was prescribed medication for his anxiety and depression.  Further, the applicant had many legitimate avenues through which to obtain assistance or relief (i.e., chaplain, army community service, army family assistance program), without committing the misconduct, which led to the separation action under review. 
       
       Therefore, the analyst determined that the reason for discharge and the characterization of service, to include the reentry eligibility (RE) code was both proper and equitable and recommends to the Board to deny relief. 
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 21 July 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: None submitted by the applicant.

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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change












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 AR20090016407
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