Applicant Name:  ?????

Application Receipt Date: 2010/01/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable, and a change in the reentry eligibility (RE) code, so he can join the armed forces again.  He contends that he was diagnosed with Post Traumatic Stress Disorder (PTSD), depression, and anxiety and did not know how to deal with it.   

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: 080904
Discharge Received: 			   Date: 080925   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: 546th Maint Co, Fort Polk, LA  

Time Lost: AWOL x 2 for a total of 27 days; (080708-080728) for 21 days, mode of return unknown; (080814-080819), for 6 days, mode of return unknown.

Article 15s (Charges/Dates/Punishment): 080605, without authority, fail to go at the time prescribed to his appointed place of duty (071129), and on divers occasions (080205-080221); willfully disobeyed a lawful order from a noncommissioned officer (SGT) (080220); and willfully disobeyed a lawful order from noncommissioned officers x 2 (SFC) (080410, (080411); reduction to E-3, and extra duty for 14 days (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 050616    Current ENL Term: 04 Years  ?????
Current ENL Service: 	03 Yrs, 02Mos, 13Days ?????
Total Service:  		03 Yrs, 02Mos, 13Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 94E10 Radio & COMSEC Repairer   GT: 108   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (060915-070914)
Decorations/Awards: ARCOM, NDSM, ICM-W/CS, GWOTSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Harvey, LA
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 4 September 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12c, AR 635-200, by reason of misconduct—commission of a serious offense for testing positive for marijuana (080609); absenting himself from his unit (AWOL) x 2 (080708-080728), (080814-080819); for receiving a Company Grade Article 15, for missing numerous accountability formations, and failing to obey a lawful order from noncommissioned officers (080605), with a general, under honorable conditions discharge.  He was advised of his rights.
       On 9 September 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not indicate if a statement was or was not submitted 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 18 September 2008, 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 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 during the period of enlistment under review, the issues and document submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  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 his misconduct, which included abusing illegal drugs, 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 applicant’s service mitigated the misconduct or poor duty performance.  
       
       The applicant contends he was diagnosed with Post Traumatic Stress Disorder (PTSD), depression, and anxiety and did not know how to deal with it.  The analyst noted the documents submitted by the applicant which show that he was evaluated and treated by competent medical authority for chronic PTSD and other illnesses, with prescription medications.  
       
       Further, on 8 July 2008, the mental status evaluation shows that the applicant attended group therapy, but did not feel there was no significant improvement with the current treatment and expressed his desire not to attend treatment at WRAMC Special Care Program at the time.  The applicant did not meet the criteria for a Medical Evaluation Board at the time and was psychiatrically cleared for any administrative action deemed appropriate by command.  
       
       The analyst noted the applicant's issue requesting change in the reentry eligibility (RE) code, so that he can join the armed forces again.  At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment. 
       
       Therefore, the analyst determined that the reason for discharge, the characterization of service, to include the reentry eligibility (RE) code 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: 17 November 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 
Exhibits Submitted: DD Form 293, dated (100115); two (2) DD Forms 214, dated (080925), (080925); Mental Status Evaluation, dated (080708); Chronological Record of Medical Care, two (2) pages, dated (080421), and one (1) page, dated (080516). 

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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None


























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 AR20100008165
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