Applicant Name:  ?????

Application Receipt Date: 2009/12/30	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "I formally apologize to the board reviewing this case, for if I had not lost my military bearing, you would not have to be here today. I wish an apology could undo what I have done, but I know it cannot. I failed the standard set. The disgrace I brought to the uniform, my former unit 25th ID Co. B, 2/27th IN Bn and the U. S. Army as a whole. I own it, even though I regret it. Every day since I left the service I have been filled with remorse and regret for my actions that lead to my discharge. Even more for leaving, letting down, and ultimately failing my fellow Infantrymen. If you would allow this change it would afford me the opportunity to pursue my short and long term goals of returning to the Army and continuing on my path to becoming a better solider. I have been living everyday with the seven army values in mind and striving for perfection with every task designated to me. I vowed to defend this nation against all enemies foreign and domestic. I sincerely want to do so again and ask you, the board, to please allow this upgrade so I can rejoin the ranks and continue serving our country.  If you decide that my return is not necessary and an upgrade is uncalled for, please consider allowing the upgrade to allow me the opportunity to seek further assistance with the TBI sustained and PTSD symptoms J still suffer from so I can get better and continue furthering my career elsewhere."

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: 080212
Discharge Received: 			   Date: 080320   Chapter: 14-12C(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: B Co, 2-27 IN Bn, Schofield Bks, HI 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080116, without authority left his place of duty (080106), wrongfully used marijuana (071208-080108), reduction to E-1, forfeiture of $650 per month for two months, 45 days of extra duty and restriction (FG)?????

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 060317    Current ENL Term: 3 Years  ?????
Current ENL Service: 	02 Yrs, 00Mos, 04Days ?????
Total Service:  		04 Yrs, 07Mos, 06Days ?????
Previous Discharges: 	ARNG 030815-060316/HD
                                       OAD 040826-050131/HD
                                       IADT 031023-040227/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 97   EDU: HS Grad   Overseas: SWA, Hawaii   Combat: Iraq ( 040826-050131 and 060811-070730)
Decorations/Awards: NDSM, GWOTSM, GWOTEM, ICM, ASR, AFRM, OSR-3, CIB

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 12 February 2008, 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 misconduct—commission of a serious offense, for wrongfully using marijuana (071208-080108), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 13 February 2008, 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 25 February 2008, the separation authority waived further rehabilitative efforts and directed 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 carefully examining the applicant’s record of service during the period of enlistment under review and the issue and documents 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 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 of his discharge would allow him to reenlist and continue serving; however, at the time of discharge he was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment. 
       
       Furthermore, the record does not support the issue that the applicant suffered from Post Traumatic Stress Disorder at the time of his discharge.  The applicant provided a letter that provides a diagnostic impression of PTSD. However, the analyst did not find the said issue sufficiently mitigating  to warrant an upgrade of his characterization. 
       
       Therefore, 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: 1 October 2010         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Forms 214, 268, and 2627, discharge instructions, letter of diagnostic impression for PTSD..

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: NA
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 AR20100000389
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