Applicant Name:  ?????

Application Receipt Date: 2010/04/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "I served as a Combat Engineer in Iraq 07-08 OIF5. During that time I served flawlessly, going above and beyond the call of duty. My vehicle was struck twice by IED's during route clearance operations, engaged the enemy on numerous occassions, witnessed firsthand four of my fellow soldiers and friends die at the hands of the Iraqi militants, in addition to the four mentioned three more soldiers and friends died during my tour. After a 15 month deployment, my unit returns to the united states. As a product of my traumatic experiences during the deployment I developed PTSD as a result. I later fell into a deep dpression state and sought 3rd ID mental health for relief. Right after this NCAA football championship game came on TV, I procceded to a fellow soldiers house to watch the game. While at this soldiers house a few soldiers decided to use marijuana and I was located in the room during and i decided not to use it. During this span of events our company underwent a change of command and the new commander issued a urinalysis. Well since I didnt indulge in use of the illegal drugs, this urinalysis was of no concern. A few weeks later the results came back and I was called to the First Sergeant's office. I there learned my urinalysis came back positive for THC. I then told the First Sergeant about the event that had taken place at the soldiers house, since the First Sergeant knew what kind of person I was, he believed that I did not take direct part in the illegal drug use. The new commander, however, did not and since he had just taken command he decided to use me as an example. I was later reffered to 3rd ID mental health and they advised the commander to be lenient due to the circumstances as did the First Sergeant and most of the company included the NCO's because of my service and character. Despite all the letters of reccomendation and advice, the new commander remained focused on making me an example. All these events occured around the months of February and March 2009. My original ETS date was 2009/04/18 he pushed the issue and had me discharged 2009/04/16. I was not a bad soldier nor was I a trouble maker, I served my country and fellow soldiers in every way possible. I led the training of various weapon systems and training of basic and advanced demolitions for the new soldiers coming in as to give them an edge for the impending deployment to a warzone. I feel i served my country well and due to one bad company choice I get relieved of all my good service. I also would like to be able to use my GI Bill to help achieve a succesful life, that i believe I derserve. Thank you for your time and attention."

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: 090324
Discharge Received: 			   Date: 090415   Chapter: 14-12c    AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: E Co, 1-30 IN Bn, Fort Stewart, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 061002, wrongfully used cocaine (060815-060820), reduction to E-1, forfeiture of $638 per month for two months, 45 days of extra duty and restriction (FG)

090209, wrongfully used marijuana (081213-090112), reduction to E-2, forfeiture of $784 per month for two months, 45 days of extra duty and restriction (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: 051228    Current ENL Term: 3 Years  16 weeks (Stop Loss Program in effect)
Current ENL Service: 	03 Yrs, 03Mos, 18Days ?????
Total Service:  		03 Yrs, 03Mos, 18Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 21B10/Combat Engr   GT: NIF   EDU: HS Grad   Overseas: SWA   Combat: Iraq (070510-080629)
Decorations/Awards: NDSM, ICM w.CS, ASR, OSR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 24 March 2009, 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 (060815-060820) and wrongfully using marijuana (081213-090112), offenses for which he received two field grade Articles 15. The unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights..  
       
       An undated document indicates the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitation.  The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 1 April 2009, the separation authority waived further rehabilitation and directed the applicant’s discharge 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 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 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 service below that meriting a fully honorable discharge.  
       
       The analyst acknowledges the applicant's in service accomplishments which included a combat tour in Iraq, as stated in his application.  However, the analyst did not find the said issue sufficiently mitigating to warrant an upgrade of the discharge under review.  The applicant’s service was marred by two field grade Articles 15 for wrongfully using illegal drugs.
       
       The applicant contends that he was used as an example; however, the analyst found no evidence of arbitrary or capricious actions by the command and was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       Further, the record shows that on 24 February 2008, the applicant underwent a mental evaluation which indicates that he was mentally responsible, with normal behavior, thought content as clear, and although he showed some signs and symptoms of PTSD he was able to recognize right from wrong.  The analyst concluded that just because the applicant suffered from PTSD does not mean he doesn't know the difference between right and wrong or that he did not have control over his behavior.  There are many Soldiers with the same condition that complete their service successfully.
       
       Finally, the analyst noted the applicant’s issue about his desire to get his educational benefits; however, eligibility for veteran's benefits to include educational benefits under the Post 9-11 or Montgomery GI Bill 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 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: 19 January 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214.

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 AR20100012708
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