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 am a VET from OIF and i have a PTSD disorder that i was told by doctors since i can adapt to day to day work that I dont meet the criteria of PTSD so i cant get meds to help me. So i started smoking Marajuana to calm my nervs and keep me from remembering Iraq. I have a great work history and was a great soldier i fast tracked and did everything i could besides college to get promoted as fast as Possible. If its required i have some LOR's then i can do this from Privates to 0-6 COL that would gladley write on my behalf of the great job i have done in the army beside my hickup of self medication i was on. I really want to go to College now that i am out and have the time to do such. I have been to iraq and served with the 566th ASMC out of Ft Hood, Texas. I am a COMMO guy who was the NCOIC of our commo team while as a PFC over 2 SPC's im a hard worker and dont want my missconduct to affect me in the future. I have taken the appropriate actions and have been off Marijauna since the day i got caught. Please consider turning my Discharge over to Honorable and let me make more of myself in our great country."

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: 091209
Discharge Received: 			   Date: 100208   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: 28th Combat Support Hospital Provisional (RD), 44th Medical Command, Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 091023, wrongfully used marijuana on or about (090923), reduction to Private (E-1), forfeiture of $699.00 pay per month for 2 months, extra duty and restriction for 45 days and a oral reprimand (FG)


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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  27
Current ENL Date: Reenl/071231    Current ENL Term: 6 Years  ?????
Current ENL Service: 	2 Yrs, 1 Mos, 8 Days ?????
Total Service:  		3 Yrs, 8 Mos, 8 Days ?????
Previous Discharges: 	RA 060531-071230/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 25C10 Radio Oper/Maint   GT: 111   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (070817-081029)
Decorations/Awards: ARCOM, MUC, GCMDL, NDSM, GWTSM, ICMw/CS, ASR, OSR

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 9 December 2009, 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; abuse of illegal drugs, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant's election of rights is not contained in the available record and the analyst presumed government regularity in the discharge process.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  On 8 January 2010, 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 carefully examining the applicant’s record of service during the period of enlistment under review 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 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 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 fully honorable discharge. 
       
       The analyst noted the applicant's issue that he is a veteran from OIF and has a PTSD disorder that was told to him by doctors, and that he can adapt to day to day work, and he doesn't meet the criteria of PTSD, so he can't get the medicine to help him.  The file was void of any evidence of PTSD or injuries sustained by the applicant while in Iraq and the applicant did not provide any corroborating evidence of the aforementioned medical issues that the discharge was the result of any medical condition.  Further, eligibility for veteran's benefits to include medical benefits does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should 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: 17 November 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 12 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 AR20100008670
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