Applicant Name:  ?????

Application Receipt Date: 2010/01/07	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant, states in effect, that he was under stress at the time of the incident, he signed some papers hurriedly, without his lawyer being present and that he had just been diagnosed with PTSD.  He also had some family problems, pressured by his wife to leave the Army after the death of his father-in-law.  

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: 060216
Discharge Received: 			   Date: 060329   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: B Co, 1-14 IN Bn, Schofield Bks, HI 

Time Lost: 8 days, military confinement (060216-060223)

Article 15s (Charges/Dates/Punishment): The unit commander's memorandum indicates the applicant received a field grade Article 15 on 19 January 2006, he was reduced to E-1.

Courts-Martial (Charges/Dates/Punishment): In that the applicant, on 17 January 2006, physically controlled a vehicle while impaired by cocaine, and did thereby cause said vehicle to strike and injure a Sergeant First Class; on or between 18 January 2006 and 23 January 2006, wrongfully used cocaine; on or between 12 January 2006 and 18 January 2006, wrongfully used cocaine; on or between 9 December 2005 and 15 December 2005, wrongfully used cocaine; on or about 16 January 2006, wrongfully distributed some amount of cocaine; confinement for 29 days, forfeiture of $424.00 (SCM).  

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  25
Current ENL Date: 041229    Current ENL Term: 4 Years  ?????
Current ENL Service: 	01 Yrs, 02Mos, 22Days ?????
Total Service:  		03 Yrs, 01Mos, 03Days ?????
Previous Discharges: 	RA 030219-041228/HD (Immediate Reenlistment)
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 105   EDU: GED   Overseas: Hawaii, SWA   Combat: Iraq (040111-050111)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR, OSR-2, 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 16 February 2006, 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 on or about 17 January 2006, he physically controlled a vehicle while under the influence of cocaine and opiates; on or between 29 November 2005 and 5 December 2005, wrongfully used cocaine; on or between 9 December 2005 and 15 December 2005, wrongfully used cocaine, oxycodone and oxymorphone; on or between 12 January 2006 and 18 January 2006, wrongfully used cocaine; on or about 17 January 2006 and 23 January 2006, wrongfully used cocaine; and on or about 22 January 2006, wrongfully distributed cocaine, with an under other than honorable conditions discharge.  He was advised of his rights.  
       
       On 16 February 2006, the applicant waived legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, 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 commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  
       
       The separation authority waived further rehabilitative efforts and directed 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 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 document 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 his 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’s service was blemished by a field grade Article 15 and a summary court-martial for multiple offenses.
       
       The applicant contends that he is entitled to an upgrade of his discharge because of mitigating circumstances which contributed to his misconduct.  Specifically, he claims stress at work and family issues at home resulted in his discharge.  While the applicant may believe his stress at home and work was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  
       
       The applicant also contends that he was pressured into signing the discharge papers; however, the record shows the applicant was given the opportunity to consult with legal counsel and he declined.  The analyst found no evidence of arbitrary or capricious actions by the command and was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 
       
       Furthermore, 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 applicant states that this was an isolated incident; however, the record does not support his claim.  The record shows multiple incidents of misconduct and drug abuse which constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single or multiple incidents provides the basis for a characterization.  The analyst having examined all the circumstances determined that the applicant's multiple incidents of misconduct did indeed adversely affect the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline.  
       
       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: Vietnam Veterans of America
3024 Sunbay Rd.
Hico, WV 25854

Witnesses/Observers: NA 

Exhibits Submitted: Self-authored statement.

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: ?????






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 AR20100000443
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