Applicant Name:  ?????

Application Receipt Date: 2010/06/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant, states in effect, that he had 13 years of good service, was diagnosed with PTSD, and requests an upgrade of his discharge to either general, under honorable conditions or to honorable.

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: Undated
Discharge Received: 			   Date: 080606   Chapter: 4-2b    AR: 600-8-24
Reason: Unacceptable Conduct	   RE:     SPD: JNC   Unit/Location: HHC, 1-52 AV Bn, Fort Wainwright, AK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080116, wrongfully used marijuana (0709170071017), forfeiture of $1,000 per month for two months, restriction for 60 days (suspended) (GO)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  27
Current ENL Date: 040819    Current ENL Term: 6 Years  ?????
Current ENL Service: 	03 Yrs, 09Mos, 18Days ?????
Total Service:  		12 Yrs, 08Mos, 04Days ?????
Previous Discharges: 	RA 951003-990617/HD     
                                       RA 990618-011101/HD
                                       RA 011102-040818/HD
Highest Grade: CW-2		Performance Ratings Available: Yes    No 
MOS: 153D/UH-60 Helicopter Pilot   GT: NA   EDU: 2 YR COLL   Overseas: Italy, Kosovo, Korea   Combat: None
Decorations/Awards: ARCOM-3, AAM-3, NDSM-2, AGCM-2, GWOTEM, GWOTSM, KDSM, COPDR, ASR, OSR, AFEM, CAB

V.  Post-Discharge Activity
City, State:  Spring Lake, MI
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 28 February 2008, the applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, paragraph 4-2b, AR 600-8-24, by reason of misconduct, moral or professional dereliction.  
       
       The applicant was directed to show cause for retention in the Army after receiving General Officer’s Article 15 for wrongfully using marijuana (070917-071017), and for receiving a GOMOR for driving under the influence of alcohol (060513).  He was advised that he could submit a voluntary resignation in lieu of elimination or submit a rebuttal and request an appearance before a Board of Inquiry.  
       
       On 4 March 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and requested to be discharged in lieu of elimination action voluntarily waiving a Board of Inquiry contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions and did not submit a statement in his own behalf.  The intermediate commander reviewed the applicant’s conditional waiver request and recommended approval with a general, under honorable conditions discharge.  
       
       On 26 March 2008, the Deputy Assistant Secretary (Army Review Boards) reviewed the Department of the Army Ad-Hoc review Board’s recommendation and disapproved the conditional waiver request.   The action was returned to the Commanding General, US Army Alaska for further processing.
       
       The applicant again, consulted with legal counsel and requested a discharge in lieu of elimination and unconditionally waived his right to a board of inquiry.  He did not submit a statement in his own behalf..
       
       On 23 April 2008, the Commander, US Army Alaska recommended approval of the applicant's request with an under other than honorable conditions discharge.
       
       On 7 May 2008, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Commander, US Army Alaska, and directed the applicant’s discharge with a characterization of service of under other than honorable conditions.   
       
       The record contains two Military Police Reports dated 15 May 2006 and 5 November 2007.
       
       The record also contains a GOMOR dated 16 June 2006 and a CID Report dated 31 August 2007.

       b.  Legal Basis for Separation:  
       Army Regulation 600-8-24 sets forth the basic authority for Officer Transfers and Discharges.  Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records, and  the issue, and documents he submitted, the analyst determined that the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review.  
       
       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 Army Officers.  By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable or general, under honorable conditions discharge.  
       
       The applicant provided no 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 analyst acknowledges the applicant's successful thirteen years in the Army and noted the many accomplishments outlined in his application and in the documents contained in his OMPF.  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.  The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in an Officer.  The applicant, as an Officer, had the duty to support and abide by the Army's drug policies.  By abusing illegal drugs, he knowingly risked a military career and diminished the quality of his service below that meriting a general or an honorable discharge.  
       
       Further, the record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.
       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: 7 January 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Discharge packet, medical documents, certificate of birth, DD Form 214, child out of wedlock certificate, VZ benefits chart.  

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period 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 AR20100016107
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