Applicant Name:  ?????

Application Receipt Date: 2010/02/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  Greetings Members of the Review Board, I know that you all are very busy and I will not take much of your time. I come to; you for your assistance in an effort to upgrade my discharge from General to Honorable. It is my to demonstrate to the Review Board why I think I should have never be n separated from the military, not to mention receiving a discharge of General (Under Honorable Conditions). I will also attempt to illustrate how 13 years of a Soldier/NCOs' stellar performance with an impeccable record easily overshadow one incident which sealed my fate.  During my Separation Board the prosecuting attorney posed the question to all three (which only two were able to respond) of my character witnesses (whom support as been requested for a second time as you will find a copy of their statements enclosed), "Do you feel drugs have a place in the military?" They all replied, "No!" The question that should have superseded but was not asked by the prosecuting attorney or by my attorney is, "After reviewing 13 years, 9 months of [redacted] performance of whom has never had a single blemish on his record up to this point, do you feel hat [redacted] should be afforded the opportunity to finish out the remainder of [redacted] career so that he may reap the benefits of retirement and utilize the negativity he's endured to positively mentor junior enlisted and all soldiers for that matter. Use his ability to recognize signs and symptoms in their early stages and employ the proper interventions so that a fellow soldier may remain the right path to career progression. Base on your professional opinion of [redacted] work ethics, leadership skills, and qualities, "Do you feel [redacted] deserve the opportunity to stay in the military and make right all that he has wrong?" I leave you with one final thought. We all fall down in different ways one way or another but you never leave a fallen comrade with 13 loyal and devoted years and 9 months of military services when he/she is down! I have had it preached to me and I have preached it to my soldiers, that there is no "I" in "Team" and that you are only as strong as your weakest link.  I wasn't treated "fair and impartial" and I wasn't given the proper process trial I deserved.  The paperwork throughout the entire ordeal was constantly incorrect and the respect at I once so highly received was completely diminished. It is my belief that my command was more content with ruining my career than salvaging it. At one point while serving extra duty, [redacted] called the entire battalion into the auditorium and had us all line up on stage and told the battalion that this is an example of how not to be. It was atrocious enough that we jeopardized our career and family and was serving our punishment but [redacted] still felt the need to completely humiliate us. It was unnecessary, tasteless, and none of us on extra duty agreed with is method. I ask that you also take into consideration that I have been employed with [redacted] working in Iraq since 04 June 2007 to present and I am currently pursuing a BA in Transportation a d Logistics Management with a GPA of 3.6650.  I come to you on this day asking, requesting that you please reconsider the punishment I have been served and upgrade my discharge from General to Honorable so that I may reap the rewards I so deserve."

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: 060707
Discharge Received: 			   Date: 060921   Chapter: 14-12c    AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: HHD, 6th Trans Bn, Fort Eustis, VA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060524, wrongfully used cocaine (060415-060418), reduction to E-5, forfeiture of $1236 for two months (suspended), 45 days of restriction and extra duty (FG)

060707, the suspended action of forfeiture imposed on  24 May 2006 was vacated for wrongful overindulgence of alcohol (060701).

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  35
Current ENL Date: 030912    Current ENL Term: 6 Years  ?????
Current ENL Service: 	03 Yrs, 00Mos, 11Days ?????
Total Service:  		14 Yrs, 01Mos, 22Days ?????
Previous Discharges: 	RA 920730-960902/HD     
                                       RA 960903-980902/HD     
                                       RA 980903-990907/HD
                                       RA 990908-030911/HD
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 91J30/Medical Logistics NCO   GT: 116   EDU: Associate's Degree   Overseas: SWA, Germany           Combat: Iraq (041116-051105), Kuwait (030306-030623)
Decorations/Awards: MSM, ARCOM-3, AAM-2, AGCM-4, NDSM, GWOTEM, GWOTSM, ICM, NCOPDR-S, ASR, OSR-3

V.  Post-Discharge Activity
City, State:  Gladys, VA
Post Service Accomplishments: Working for [redacted] in Iraq (2004-2007), pursuing a BA degree in transportation and logistics managemnent, with a 3.2 GPA.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 7 July 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 wrongfully using cocaine (060415-060418), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 13 July 2006, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested an administrative serration 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 and recommended approval of the separation action with a general, under honorable conditions discharge.  
       
       On 28 August 2006, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended the applicant be discharged with issuance of a character of service of general, under honorable conditions.
       
       On 30 October 2009, the separation authority approved the recommendation of the administrative separation board, waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
       
       The record contains a CID Report dated 18 May 2006. 

       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 special trust and confidence placed in a non-commissioned officer (NCO).  The applicant, as a NCO, 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 the misconduct diminished the quality of service below that meriting a fully honorable discharge.  
       
       The applicant contends that he was a good Soldier over a thirteen-year period and this was an isolated incident.  The analyst acknowledges the applicant's in service accomplishments as stated in his application which includes a tour in Iraq.  However, the analyst did not find the said issue sufficiently mitigating to warrant an upgrade of the discharge under review.  Further, the analyst noted that even though a single incident, the discrediting entry constituted a departure from the standards of conduct expected of NCOs in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  The analyst having examined all the circumstances determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge. 
       
       Furthermore, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
        
       Finally, the analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined with the application and in the documents with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
       
       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: 8 November 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Enlistment contracts, awards, badges, certificates of achievement, academic plan, character reference letters, and NCOERs.






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 1    No change 4
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 AR20100008144
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