Applicant Name:  ?????

Application Receipt Date: 2010/02/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "My name [redacted] and I am writing to you to request a change regarding my military discharge.  I received a general under honorable discharge because of a stupid mistake I made while I was serving the U.S. Army.  I had a alcohol problem at that time and once used a illegal substance.  I feel very ashamed of what I did and I know I disrespected myself, my family, my country the U.S. Army and all the values it stands for.  I am also very embarrassed to say I did not completed my term of service in an honorable way.  Before my discharge I was a very good Soldier who met and exceeded the military standard.  I served in Iraq and was awarded the Army Commendation Medal for my service and valor.  I have also been awarded my airborne wings, combat infantry badge and I jumped with the Germans to receive my first foreign jump wings.  As a civilian I have conquered my problems and have held a steady job.  I have been enrolled in school for two years now and have held a high grade point average.  My major is radiology and I am getting ready to transfer to a radiology school in my states capitol  Enclosed in this packet you will find my transcript for the classes I've taken as well as a report that I received alcohol and substance abuse training.  

In conclusion I sincerely ask that the board will grant my request and upgrade my discharge status from general to honorable so that I may have closure on this subject and move on with my life.  I am also seriously considering serving my country again part time in the guards or reserves and I would prefer having a honorable discharge from my last term before serving again.  

Thank you for reading and considering my request.  I hope you find that I know that I made a major mistake and have corrected the problem.  I ask for the forgiveness of the board on behalf of my discharge."

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: 060209
Discharge Received: 			   Date: 060309   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: B Co, 2/505th PIR, 82d ABN Div, Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050216, Unlawfully spit on another Soldier initiating an altercation (050206), reduction to E2 (suspended); forfeiture of $323.00 pay per month; and restriction and extra duty for 14 days, (CG).

050804, Under age drinking and wrongfully having a BAC over.05 (050727), reduction to E1; forfeiture of $617.00 pay per month for 2 months; extra duty for 45 days; and restriction for 45 days, (FG).

061005, Wrongful use of methylenedioxymethamphetamine between (050722 and 050822), forfeiture of $617.00 pay per month for 2 months; extra duty for 45 days; and restriction for 45 days, (FG).






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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 030702    Current ENL Term: 04 Years  ?????
Current ENL Service: 	02 Yrs, 08Mos, 08Days ?????
Total Service:  		02 Yrs, 08Mos, 08Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 105   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (040117-040515)
Decorations/Awards: ARCOM, NDSM, GWOTSM, ASR, CIB, ICM

V.  Post-Discharge Activity
City, State:  Columbus, NE
Post Service Accomplishments: The applicant states: "As a civilian I have conquered my problems and have held a steady job.  I have been enrolled in school for two years now and have held a high grade point average."

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 9 February 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 methylenedioxymethamphetamine, wrongfully consuming alcohol while under the age of twenty one, wrongfully having had a breath alcohol concentration over .05 grams of alcohol per 210 liters of breath while on DRB-1 status, and assaulting another Soldier, with a general, under honorable conditions discharge.  
       
       He was advised of his rights.  The applicant waived his right to legal counsel, was advised of the impact of the discharge action, and did not submit statements 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 21 February 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, 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 documents, and the issues he submitted, 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, 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, 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 his service below that meriting a general, under honorable conditions discharge.  
       
       The analyst acknowledges the applicant's in-service accomplishments to include his deployment to Iraq and his successful transition to civilian life as outlined 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.  
       
       Furthermore, the applicant makes reference to wanting to serve his country again part time in the guards or reserves.  However, 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. 
       
       In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were 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: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, College Transcript Letter, dated 29 January 2010, Self-Authored Letter, and DD Form 214 for the period of service under review.
















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 AR20100008370
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