Applicant Name: ?????
Application Receipt Date: 2010/01/25 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states "I served for 4 years in the US Army, proudly serving 1 year in Baghdad at Camp Victory and Taji, Camp Dakota and Camp Stryker. I received an Honorable Discharge in Baghdad and Re- Enlisted at Camp Victory, Baghdad. During my clearing process from Ft. Hood installation, i was briefed by the education center that since i had already completed one term and re-enlisted that i was eligible for VA education benefits. I just received word today the VA center in Muskogee, OK denied my claim to benefits due to my lack of an Honorable Discharge. I respectfully request an upgrade to Honorable status so i can use the Post 9/11 GI Bill for training to become a Helicopter pilot. Thank you. "
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: 060418
Discharge Received: Date: 060517 Chapter: 14-12c(2) AR: 635-200
Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: Extension Detachment, Alpha Company, Special Troops Battalion, 1st Cavalry Division, Fort Hood, TX
Time Lost: None
Article 15s (Charges/Dates/Punishment): 060303, wrongfully used marijuana between on or about (051219-060119), failed to go to his appointed place of duty x 10 on or about (060201), (060317), (060318), (060319), (060320), (060321), (060313), (060305), (060304), (060303), reduction to Private (E-2), forfeiture of $714.00 pay for two months (suspended), to be automatically remitted if not vacated before (060601), and extra duty for 45 days (FG)
The suspension of the punishment of forfeiture of $714.00 pay per month for 2 months imposed on (060303) was vacated on (060309) based on the applicant's offense of failing to go to his appointed place of duty on or about (060303).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 23
Current ENL Date: Reenl/050215 Current ENL Term: 6 Years ?????
Current ENL Service: 1 Yrs, 3 Mos, 3 Days ?????
Total Service: 4 Yrs, 4 Mos, 1 Days ?????
Previous Discharges: RA 020305-050214/HD
USMC 990811-990928/UNC
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 25F10 NET SW System Operator Maint GT: 98 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq (040302-050301)
Decorations/Awards: ARCOM, GCMDL, NDSM, GWOTEM, GWOTSM, ASR
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: None submitted by the applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 18 April 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that he tested positive for the wrongful use of marijuana on (060119), with a general, under honorable conditions discharge. He was advised of his rights.
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 service 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 1 May 2006, the separation authority waived further rehabilitative efforts and directed that 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 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, but a general discharge under honorable conditions or an honorable discharge may be granted.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants military records, and the issue 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 applicants 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 misconduct, the applicant 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 applicants service mitigated the misconduct or poor duty performance.
The analyst noted the applicant's issue that he requested an upgrade of his discharge to honorable status so that he can use the Post 9/11 GI Bill for training to become a Helicopter pilot. The analyst considered the applicants quality of service during the initial portion of the enlistment under review. However, this service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of discharge. 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 continue to contact a local office of the Department of Veterans Affairs for further assistance.
Therefore, 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: 13 October 2010 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: NA
Exhibits Submitted: Online applicantion dated 19 January 2010.
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts 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: No Change
Other: No Change
RE Code:
Grade Restoration: No Yes Grade: No Change
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 AR20100007304
______________________________________________________________________________
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