Applicant Name:  ?????

Application Receipt Date: 2010/01/19	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "1. My discharge was inequitable because it was based on conduct that occurred primarily after I had served my military obligation. I had a outstanding military record prior to the misconduct.
2. My discharge was inequitable because I have been diagnosed with PTSD and ADD and I am taking medications for these mental illness conditions. I was diagnosed with these conditions while on active duty.  According to DEERS and Department of Defense, I was out ofthe Army based on their records as of June 19, 2009 (the end of my original contract). I was incarcerated for 30 days after being AWOL. I told mental health upon leaving that I had no mental health issues.  I did this in order to get out of the military quicker. However, I am presently on Zolpidem Tartrate (generic for Ambian) and AdderaIl-XR (60 MG dosage) for PTSD and ADD with sleep disorder."

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: 090728
Discharge Received: 			   Date: 091028   Chapter: 14-12b    AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHC, 2-3 IN Bn, Fort Stewart, GA 

Time Lost: Military confinement, 30 days (090729-090827), AWOL for 41 days (090616-090726), surrendered.  Total time lost is 71 days.  The unit commander's notification of discharge states the applicant was AWOL from 28 April 2009 until 28 May 2009, these additional 31 days of AWOL are not reflected in block 29 of the applicant's DD Form 214.

Article 15s (Charges/Dates/Punishment): 090610, wrongfully used marijuana (090302-090401), wrongfully used cocaine (090329-090401), reduction to E-1, forfeiture of $699 for two months, 45 days of extra duty and restriction (FG)

Courts-Martial (Charges/Dates/Punishment): The record indicates the applicant offered to plead guilty at a summary court martial and to waive an administrative separation board in exchange for a more lenient sentence or characterization of his service.  The Summary Court Martial is not contained in the applicant's OMPF.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 060228    Current ENL Term: 3 Years  16 weeks
Current ENL Service: 	03 Yrs, 05Mos, 21Days Retained in service for convenience of the Government
Total Service:  		03 Yrs, 05Mos, 21Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 99   EDU: HS Grad   Overseas: SWA   Combat: Iraq (070511-080714)
Decorations/Awards: ARCOM, NDSM, GWOTSM, ICM w/CS, 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 28 July 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct—for (1)  failing to report to his appointed place of duty on or about 26 January 2009 and 27 April 2009; (2) for showing disrespect towards a noncommissioned officer on or about 26 January 2009; (3) for abuse of an illegal drug in that he wrongfully used marijuana, between on or about 2 March 2009 and 1 April 2009; (4)  for abuse of an illegal drug,  wrongfully used cocaine, between on or about 29 March 2009 and 1 April 2009, for which he received an Article 15 for offenses 3 and 4; (5) being absent without leave from his unit between on or about 29 April 2009 and 28 May 2009; (6) for being absent without leave from his unit between on or about 16 June 2009 and 27 July 2009; and (7) for possessing an illegal drug,  in that he wrongfully possessed marijuana, on or about 30 July 2009.  The unit commander recommended separation from the Army with an under other than honorable conditions discharge.  He was advised of his rights.  
       
       On 30 September 2009, 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.  
       
       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 a careful review of all the applicant’s military records, and the issue and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  
       
       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.  By the repeated incidents of misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant’s service is marred by a field grade Article 15 for wrongfully using marijuana and cocaine, by a Summary Court Martial, and multiple offenses of being absent without leave.
       
       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 analyst noted a urinalysis dated 1 September 2009 was incorrectly coded as "CO," it should have been coded as "PO."  A unit commander's memorandum contained in the record indicates he had reasonable suspicion of drug use based on a sworn statement. 
       
       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 which includes a combat tour to Iraq.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct or by the multiple negative counseling statements, and the documented actions under Article 15 of the Uniformed Code of Military Justice.
       
       The applicant contends that his discharge was as a result of an incident that took place after completion of his military obligation.  However, the record shows that the applicant was in fact properly extended for the convenience of the Government as a result of the Stop-Loss program in accordance with Army directives.  
       
       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.  
       
       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: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214, promotion to E-4, ARCOM award.

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 AR20100007193
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