Applicant Name: ?????
Application Receipt Date: 2009/10/22 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant contends that his discharge was the result of not being diagnosed and treated for his subsequent diagnosis of PTSD. He says that he self medicated due to his lack of knowledge and treatment options while deployed. The chain of command, he adds, was not approachable when it came to discussing problems about the mental health of Soldiers. The applicant provided additional documentation from the Department of Veterans Affairs that indicate he has been undergoing treatment for PTSD since 20 January 2010 and is scheduled to complete the six-week program on 2 March 2010.
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: 050716
Discharge Received: Date: 051007 Chapter: 14-12c(2) AR: 635-200
Reason: Misconduct (Abuse of Illegal Drugs) RE: SPD: JKK Unit/Location: I Co, 262d QM Bn, Fort Lee, VA
Time Lost: None
Article 15s (Charges/Dates/Punishment): 050714, wrongful use of marijuana (050601), reduction to E-3, forfeiture of $728 (suspended), 30 days restriction and extra duty (FG)
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 24
Current ENL Date: 040419 Current ENL Term: 6 Years ?????
Current ENL Service: 01 Yrs, 05Mos, 19Days ?????
Total Service: 04 Yrs, 00Mos, 01Days ?????
Previous Discharges: RA 000418-040418/HD
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 92Y10/Unit Supply Spc GT: 104 EDU: HS Grad Overseas: SWA Combat: Kuwait (010920-020330), Iraq (040226-050223)
Decorations/Awards: GWOTEM, GWOTSM
V. Post-Discharge Activity
City, State: Springfield, MA
Post Service Accomplishments: None listed.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 16 July 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconductabuse of illegal drugs, for wrongful use of marijuana, with a general, under honorable conditions discharge. He was advised of his rights. On 20 July 2005, the applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 a general, under honorable conditions discharge. On 24 September 2005, 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 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 applicants military records, and the issue he submitted, the analyst determined that the characterization of service is improper.
The analyst noted that the government introduced into the discharge packet the results of a command directed competence for duty (i.e., fitness for duty) biochemical test. This is limited use information as defined in AR 600-85. Use of this information mandates award of a fully honorable characterization of service.
Accordingly, the analyst recommends that the applicants characterization of service be upgraded to fully honorable. However, the analyst found that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 8 March 2010 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 applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board noted that the government introduced the results of a command directed urinalysis into the discharge process. This is limited use information as defined in AR 600-85. Use of this information mandates award of a fully honorable discharge. Accordingly, the Board voted to change the characterization of service to fully honorable. However, the board found that the reason for discharge was fully supported by the record 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: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20100000148
______________________________________________________________________________
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