Applicant Name:  ?????

Application Receipt Date: 2010/06/18	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he is requesting an upgrade of his discharge due to the fact that he is attempting to obtain employment with the US Government. He was given a general, under honorable conditions discharge after testing positive for a banned substance (cocaine). This was his first and only offense after eight years of military service. It has cost him greatly and he wants his previous record to speak for his military career, not his one mistake. He is a veteran of numerous deployments, Kosovo 1999, Honduras/Columbia 2003, and Iraq 2003-2004. 

He has had a hard time dealing with returning home from combat after Iraq and was afraid to seek help through mental health counseling as he feared it would damage his career. He turned to alcohol to combat his pain and on one occasion, cocaine to help heal the wounds and mental anguish of war. He let himself, his family and his country down. He has ever since regretted the mistake he made. He has since received counseling and assistance and has been alcohol and drug free since December 2005. He wishes to continue to serve his country through other federal agencys. He is asking the board to please grant his request for an upgrade to an honorable 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: 060117
Discharge Received: 			   Date: 060223   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: 10th Minimum Care Detachment, 31st Combat Support Hospital, Fort Bliss, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 051208, wrongfully used cocaine between on or about (051112-051116), reduction to Private (E-1), forfeiture of $617.00 pay per month for two months, and extra duty for 45 days (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  29
Current ENL Date: Reenl/ 040223    Current ENL Term: 3 Years  ?????
Current ENL Service: 	2 Yrs, 0 Mos, 1 Days ?????
Total Service:  		7 Yrs, 4 Mos, 8 Days ?????
Previous Discharges: 	USAR 920226-920602/NA
                                       ADT    920603-920806/NA
                                       USAR 920807-930705/NA
                                       ADT    930706-930928/UNC
                                       USAR 930929-980924/NA
                                       RA      980925-010924/HD
                                       RA      011016-040222/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 91W10 Health Care Spec   GT: 117   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (030413-040328)
Decorations/Awards: ARCOM (2), AAM (3), GCMDL (2), NDSM, GWOTSM, GWOTEM, KCMDL, NATOMDL, ASR, ICMDL, CMB, 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant states, in his issue that he has received counseling and assistance, and has been alcohol and drug free since December 2005. 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 17 January 2006, 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; in that he wrongfully used cocaine, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant waived legal counsel, was advised of the impact of the discharge action, unconditionally waived consideration of his case by an administrative separation board and submitted a statement in his own behalf. 
       
       The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  On 6 February 2006, the intermediate commander reviewed the proposed discharge action and recommended that the applicant be retained on active duty.  On 9 February 2006, 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 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 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.  By the misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  
       
       The applicant provided no independent 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 noted the applicant's issue that this was his first and only offense after eight years of military service and it has cost him greatly and he wants his previous record to speak for his military career, not his one mistake.  He is a veteran of numerous deployments, Kosovo 1999, Honduras/Columbia 2003, and Iraq 2003-2004.  Even though the aplicant claims that it was his first and only offense, the analyst concluded that the discrediting entry constituted a departure from the standards of conduct expected of soldiers in the Army. 
       
       The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  Further, the analyst considered the applicant’s quality of service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of discharge.  
       The applicant further contends that he is attempting to obtain employment with the US Government.  However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 
       
       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: 2 March 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 15 June 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 AR20100017061
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