Applicant Name:  ?????

Application Receipt Date: 2010/06/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "I am submitting this letter to respectfully request that my General Discharge Under Honorable Conditions be reviewed for upgrade.  When I returned from my second tour in Iraq, I returned to a broken marriage and with it, countless personal, family, and financial issues that caused a great deal of stress for me.  With everything going on, I wrongly allowed myself to be influenced into making a wrong decision which affected my career in the military.  I realize now that there were other options available to me to assist with my stress; however when I was going through everything, I felt like I had nowhere to turn not even to my command.  I carried a lot of anger inside of me because of everthing that I was going through.  I have served my country in theater twice and I came home to a wife who had fallen out of love with me and had met someone else while I was away.  Additionally, she chose not to tell me this until after she was pregnant with my child.  Financially, she took everything we built and left me without a dime.  Finally I felt like I hit rock bottom and in many tears broke down which led to my mistake.  There are probably many situations out there that are similar or maybe even worse than mine, and I would never want to undermine them.  All I am asking for is forgiveness for my mistake. In my 5 years in the Army, I have always served honorable and achieved the rank of E5, a NCO, and have always been commended by my superiors for putting the mission and the soldiers in my charge first.  I would like the opportunity to return to my rightful place in the Armed Services.  Thank you for your consideration of my request."

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: 070906
Discharge Received: 			   Date: 071012   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: A Co, 801st Bde Spt Bn, Fort Campbell, KY 

Time Lost: 8 days, AWOL twice (070502-070502 and 070515-070521), mode of return is unknown.

Article 15s (Charges/Dates/Punishment): 070619. AWOL x 2 (070515-070522 and 070502-070503), failed to report x 3 (070405, 070426, 070427), reduction to E-4, forfeiture of $989, 45 days of extra duty (both suspended) (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 040921    Current ENL Term: 4 Years  ?????
Current ENL Service: 	03 Yrs, 00Mos, 13Days ?????
Total Service:  		05 Yrs, 06Mos, 03Days ?????
Previous Discharges: 	RA020402-040920/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 92F10/Petroleum Supply Spc   GT: 89   EDU: HS Grad   Overseas: SWA   Combat: Kuwait/Iraq (030219-040301), Iraq (051118-061117)
Decorations/Awards: ARCOM-2, AAM, AGCM, NDSM, GWOTEM, GWOTSM, ICM, NCOPDR, ASR, OSR-2

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 6 September 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct—commission of a serious offense for testing positive for wrongfully using marijuana with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 13 September 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived an administrative separation board, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed elimination action and recommended approval with a general, under honorable conditions discharge.  
       
       On 2 October 2007, the separation authority waived further rehabilitative efforts 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 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 service below that meriting a fully honorable discharge.  
       
       The analyst acknowledges the applicant's in service accomplishments which include his two combat tours, achieving the rank of Sergeant, and his awards 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 a Field Grade Article 15 for being AWOL and by testing positive for marijuana, cocaine, LSD, and MDMA (070613) after returning from his AWOL status.
       
       Further, the applicant contends he is entitled to an upgrade of his discharge because of mitigating circumstances which contributed to his misconduct.  Specifically, he claims stress at work and family and financial issues at home resulted in his discharge.  While the applicant may believe his stress at home and work was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.
       
       The applicant also contends that the narrative reason for his discharge should be changed.  However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200 with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)", and the separation code is "JKK."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  
       
       Additionally, 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. 
       
       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: 24 January 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: None

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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 AR20100016904
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