Applicant Name:  ?????

Application Receipt Date: 2009/12/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I was young and immature at time I made bad decisions when I used drugs.  My wife had just left me and this cause me to go into having depression.  I have had no problems with drugs since I have been out of service.  I have had no problems with the law since discharge.  I was a good Soldier while serving in Army other than drug use.  I believe I should get a General Under Honorable Conditions due to my overall service.  I believe that the military should have tried to rehabilitation on me before discharging me."

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: 990722
Discharge Received: 			   Date: 990818   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: B Co, 64th FSB, Fort Carson, CO 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 990706, Wrongfully having drug paraphernalia in his POV (990521), forfeiture of $479.00 per month for 2 months; extra duty for 45 days; and restriction for 45 days, (FG).

990106, Wrongful use of a controlled substance "Marijuana" between (981012 and 981111), reduction to E1; forfeiture of $463.00 per month for 2 months (one month suspended); and 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:  24
Current ENL Date: 971112    Current ENL Term: 03 Years  ?????
Current ENL Service: 	01 Yrs, 09Mos, 07Days Enlistment documents found in the applicant's records show that his "Date Entered AD This Period" should be: (971112) and not (970923) as shown in block 12a of the DD Form 214 under review.
Total Service:  		01 Yrs, 10Mos, 26Days Total Service information is based on the period of service under review and the DD Form 214 for the period of service (950124-950412).  The applicant's DD Form 214 under review makes reference to the applicant having 2 yr, 06 mos, and 29 days of "Total Prior Inactive Service," however, the record does not support this.
Previous Discharges: 	USCG-950124-950412/UNC
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 63H10/Track Veh Repairer   GT: 113   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  McKinney, TX
Post Service Accomplishments: None Listed


VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 22 July 1999, 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 wrongfully using a controlled substance on numerous occassions, on or between 12 October 1998 and 4 May 1999, to wit: marijuana and cocaine, with an under other than honorable conditions discharge.  
       
       He was advised of his rights.  The applicant consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board.  The applicant did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service 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.
       
       On 13 August 1999, 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, 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 applicant’s military records during the period of enlistment under review, the documents, and the issues he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       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 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 applicant contends that he was young and immature at the time he made his decisions to use drugs and his wife had just left him causing him to go into depression.  However, the analyst noted that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.  
       
       Furthermore, as far as his depression is concerned, the analyst determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.
       
       The applicant also makes reference that the military should have tried to rehabilitated him before discharging him.  The evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to these efforts.
       
       
       
       Further, AR 600-85, paragraph 3-8, entitled self referrals, states that the applicant could have self-referred to the Army Substance Abuse Program (ASAP) counseling center for assistance.
       
       In view of the foregoing, the analyst determined that 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: 27 October 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: [ redacted ]


Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, Copy of Miltary Records (85 pages), and DD Form 214 for the period of service under review.

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 AR20100000617
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