Applicant Name:  ?????

Application Receipt Date: 2010/02/18	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "I received a honerable discharge in 2000. I was recalled with six months left on my IRR contract and decided to re-enlist. I served time in Iraq, came home and serveral months later went on leave.  When I returned to my duty station I was required to take a drug test, I was completely unaware that anything would show up because I was unaware that I had tainted my system with anything.

Being a NCO there was no tolerance for failing a urinalysis, I was going to receive a court martial. I was appointed a military lawyer and instructed him to speak with the Division General and discharge me.  I did not want to leave the military.  At the time that this happend I was trying to re-enlist to make a career of the military.  I realized that my actions have messed up any futher chances with the military but I would like to have my General Discharge on my DD214 changed to Honerable Discharge. I love my Country and loved serving in the Army." Thank you for considering the changes 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: NIF
Discharge Received: 			   Date: 060322   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: B Company, 1st Battalion, 12th Cavalry Regiment, 3rd Heavy Brigade Combat Team, 1st Cavalry Division, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  27
Current ENL Date: 040630    Current ENL Term: 3 Years  ?????
Current ENL Service: 	1 Yrs, 8 Mos, 23 Days ?????
Total Service:  		9 Yrs, 1 Mos, 11 Days ?????
Previous Discharges: 	USAR 970100-970211/NA
                                       ADT    970212-000211/HD
                                       ARNG 000212-001016/HD
                                       USARCG/AT 001017-040629/NA
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 11B20 Infantryman   GT: 111   EDU: HS GED   Overseas: Hawaii/Southwest Asia   Combat: Iraq (040818-050221)
Decorations/Awards: ARCOM (2), AAM (2), GCMDL (2), NDSM (2), GWOTEM, OSR, CIB

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 applicant's DD Form 458 (Charge Sheet) is not part of the available record and the analyst presumed government regularity in the discharge process.  However, the evidence of record shows that on 16 February 2006, the applicant consulted with legal counsel and voluntarily requested, in writing, discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial.  In this request, the applicant admitted guilt to the offense violation of Article 112a; wrongful use of a controlled substance.  Further, the applicant indicated that he understood that he could receive a bad conduct or dishonorable discharge and that the discharge would have a significant effect on eligibility for veteran’s benefits.  
       
       The applicant was also advised that he may be discharged with a general, under honorable conditions discharge and that he understood the possible effects of a general, under honorable conditons discharge.  The applicant did not submit a statement in his own behalf.  The unit and intermediate commander's recommendation is not part of the available record and the analyst presumed government regularity in the discharge process.  On 3 March 2006, the separation authority approved the discharge with a general, under honorable conditions discharge.  
       

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt.  Army policy states that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s 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 evidence of record shows the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  The applicant consulted with defense counsel, and voluntarily in writing, requested separation from the Army in lieu of trial by court-martial.  In doing so, the applicant admitted guilt to the stipulated or lesser-included offenses under the UCMJ.  
       
       The analyst noted that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and the applicant was aware of it prior to requesting discharge. 
       
       The analyst noted the applicant's issue that when he returned to his duty station, he was required to take a drug test, and was completely unaware that anything would show up because he was unaware that he had tainted his system with anything.  The applicant's positive urinalysis test was a result of the command’s random urine testing program to maintain good order and discipline within the unit.  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 his service below that meriting a fully honorable discharge.  
       
       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: 17 November 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 9 February 2010.  

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: 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 AR20100008662
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