Applicant Name:  ?????

Application Receipt Date: 2010/01/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "I am requesting my discharge type from the U.S. Army be changed from other than honorable conditions to general under honorable conditions.  I enlisted in the U.S. Anny when I was 17 years old. I left for Basic Training at the age of 18 years old on January 5, 2006 to become an Infantryman with the U.S. Army. I completed Basic Training, 11B Infantryman School and Airborne School at Fort Benning, Georgia. I arrived at my first duty station Fort Bragg, North Carolina in June 2006 and departed for Iraq in August 2006. I spent the next 15 months in Iraq in direct combat serving and defending my country honorably. I celebrated my 19 and 20th birthday in Iraq. I returned to Fort Bragg, North Carolina on October 2007. I did not adjust well mentally after returning from Iraq.  I made several attempts to get the help I needed from my command, with no support from my commander. I was unable to mentally handle what I had seen in Iraq for those 15 months and I am still unable to adjustment, I started to self medicate by using drugs. I had never used drugs before Iraq.  But drugs became my way of handling the pain from my experience in Iraq. I was discharged from the U.S. Army on May 14, 2008, under other than honorable conditions for drug abuse.  My mother placed at a Health Center for rehabilitation within 24 hours of my discharge from the US Army. I was evaluated by a psychiatrist, who diagnosed me with Post Traumatic Stress Disorder, as a result of my combat experience when serving in the U.S. Army in Iraq. I was also evaluated at the VA Medical Center in Michigan for Post Traumatic Stress Disorder and a Major Depressive Disorder.  The psychiatrist from the VA Mental Health Services who conducted the Post Traumatic Stress Disorder Evaluation diagnosed me with Post Traumatic Stress Disorder and a Major Depressive Disorder resulting from my combat experience when serving in the U.S. Army in Iraq. However, I was told I would incur an "Out of Pocket” expense for the evaluation. I now have no medical health insurance.  I have not received any entitlements from my service in Iraq. I need to be treated for my Post Traumatic Stress by VA Medical Center.  I asked that you please approve my claim to change my discharge type to general/under honorable conditions. This will allow me to get VA Health Benefits so I can get the medical care I need desperately. My service in the U.S. Army was conducted with integrity, honor and with pride. More than half of my time in the U.S. Army was served in Iraq defending my country in support of Operation Iraqi Freedom. I feel the military should award me a discharge type upgrade to general/under honorable conditions for my time served honorably. I was awarded the Army Service Ribbon, Global War on Terrorism Service Medal, Parachutist Badge, Combat Infantry Badge, Iraqi Campaign Medal and the National Defense Service Medal.  I have attached a copy of my DD-214, Enlisted Record Brief, my order to Iraq, my travel voucher resulting from Iraq and psychiatry diagnoses for Post Traumatic Stress.”

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: 080421
Discharge Received: 			   Date: 080514   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: B Co, 2-505 IN Rgt, Fort Bragg, NC 

Time Lost: 31 days total.  Confined by military authorities, 26 days (080305-080409), AWOL for 5 days (080305-080309), mode of return is unknown.

Article 15s (Charges/Dates/Punishment): 080416, wrongfully used marijuana, cocaine, oxycodone, and oxymorphone (080218-080303), forfeiture of $673 per month for 2 months, 45 days of extra duty and restriction (FG)

080222, drinking while under the age of 21 (080105), with intent to deceive provided a false statement (080214), reduction to E-1, forfeiture of $672 per months for two months, 45 days of extra duty and restriction (FG)

070804, disobeyed the lawful order of an NCO (061112), with intent to deceive provided a false statement (070705-070713), reduction to E-2, forfeiture of $34, 14 days of extra duty (CG)

080317, AWOL (080306-080310), violation of a general regulation (080306), wrongfully used cocaine (080114-080213), broke restriction (080306), forfeiture of $898, and confinement for 30 days (SCM)


Courts-Martial (Charges/Dates/Punishment): 080317, AWOL (080306-080310), violation of a general regulation (080306), wrongfully used cocaine (080114-080213), broke restriction (080306), forfeiture of $898, confinement for 30 days (SCM)

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 060105    Current ENL Term: 5 Years  ?????
Current ENL Service: 	02 Yrs, 03Mos, 10Days ?????
Total Service:  		02 Yrs, 03Mos, 10Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 11B1P/Infantryman   GT: 88   EDU: GED   Overseas: SWA   Combat: Iraq (060808-071026)
Decorations/Awards: NDSM, GWOTSM, ICM, ASR, OSR, 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 21 April 2008, 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 cocaine on two occasions, wrongfully using marijuana, oxycodone, and oxymorphone, wrongfully drinking while under the age of 21, being AWOL, disobeying lawful orders from NCOs and providing false statements, with an under other than honorable conditions discharge.  He was advised of his rights.  
       
       On 21 April 2008, the applicant consulted with 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.  
       
       On 1 May 2008, the separation authority approved the unconditional waiver, 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 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 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.  Further, the applicant’s service was marred by three Articles 15, a Summary Court Martial, and numerous incidents of repeated misconduct.
       
       The analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review and his 15 months in Iraq.  However, this service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct and by the multiple negative counseling statements, and the documented actions under Article 15 of the Uniformed Code of Military Justice.
       
       Furthermore, the analyst acknowledges the applicant's diagnosis of PTSD by the Veterans Administration as outlined in the documents with his application.  However, in review of the applicant’s entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted.  The analyst concluded that just because someone is suffering from PTSD does not mean that they don't know the difference between right and wrong or that they do not have control over their behavior.  There are many Soldiers with the same condition that complete their service successfully.  
       
       The applicant contends he was self-medicating for his PTSD condition; however, the analyst noted the applicant’s issue and 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.
       
       Further, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       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: 15 October 2010         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: Disabled American Veterans
                30905 Plymouth Rd.
                Livonia, MI 48150

Witnesses/Observers: NA 

Exhibits Submitted: ERB, a self-authored statement, deployment Orders, and a travel voucher

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 AR20100001101
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