Applicant Name:  ?????

Application Receipt Date: 2009/11/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, " I began to seek mental help while in Afghanistan.  Once home, I continued to address the issues that would eventually lead to my discharge.  I got little help.  While at home, I met with mental health professionals on a constant basis.  They tried a great number of different meds on me.  After continuous medical changes, I took matters into my own hands.  Although it was a mistake, my service and work performance never changed.  Even as I was being read my Article 15 and doing my extra duty, I acted at all times honorably.  My service record reflects an honorable career."   Furthermore, on the DD Form 149, the applicant states, " My service record, along with my medical records, reflect an honorable career ended by PTSD and a failure by my command to recognize my attempts for help. "

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   N/A

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 070209
Discharge Received: 			   Date: 070313   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: HHT, 3-73 Cav, 1BCT, Fort Bragg, NC  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070130, wrongfully used cocaine (061212-061217) and failure to obey a lawful order from a commissioned officer (070119), reduction to E-5, forfeiture of $1,161 pay per month for two months, suspended, to be automatically remitted if not vacated before 070726; extra duty for 45 days (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  29
Current ENL Date: 040304    Current ENL Term: 6 Years  ?????
Current ENL Service: 	3 Yrs, 00Mos, 09Days ?????
Total Service:  		7 Yrs, 01Mos, 26Days ?????
Previous Discharges: 	RA 000118-040303/HD (Immediate Re-enlistment)
Highest Grade: E6		Performance Ratings Available: Yes    No 
MOS: 13F2P Fire Support Specialist   GT: NIF   EDU: NIF   Overseas: SWA   Combat: Afghanistan (050415-060414), Iraq (030428-040720)
Decorations/Awards: ARCOM w/V, ARCOMx3, AAM, AGCMx2, NDSM, ACM, GWOTSM, ICM, NCOPDRx2, ASR, OSR, NATO Mdl, CAB  

V.  Post-Discharge Activity
City, State:  Largo, Florida
Post Service Accomplishments: None submitted



VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 13 February 2007, 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 being arrested for possession of cocaine and testing positive for cocaine, with an under other than honorable conditions discharge.  He was advised of his rights.  
       
       On 12 February 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily 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.  The unit commander subsequently recommended separation from the Army 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 23 February 2007, the acting Staff Judge Advocate's memorandum to the Commander, 82nd Airborne Division states that the chain of command recommended that the separation authority approve the conditional waiver and separate the applicant with a general, under honorable conditions discharge. The separation authority memorandum is not a part of the available record; however, the analyst presumed government regularity in the discharge process.
       
       The record also contains an MP Report and a Fayetteville Police Department Arrest Report dated 061216 citing the applicant with possession of cocaine and possession of drug paraphernalia.  

       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 carefully examining the applicant’s record of service during the period of enlistment under review and the issues submitted with the application, the analyst determined that the discharge was both proper and equitable.  
       
       The analyst determined that 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 special trust and confidence placed in a non-commissioned officer (NCO).  The applicant, as a NCO, 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 the misconduct diminished the quality of service below that meriting a fully honorable discharge.  
       
       Furthermore, the analyst noted the applicant's issue that his career ended due to having PTSD; however, the record does not support the issue that the applicant suffers from Post Traumatic Stress Disorder and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.  
       
       Additionally, the analyst also noted the applicant's issue that the chain of command did not provide him any help.  The evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling, referring him to the Alcohol and Substance Abuse Program (ASAP), and by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to these efforts.
       
       The analyst acknowledges the applicant's in service accomplishments as stated in his application.  However, the analyst did not find the said issue sufficiently mitigating to warrant an upgrade of the discharge under review.  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: 3 September 2010         Location: Washington DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214, DD Form 149 and DD Form 293

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: 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 AR20090020803
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