Applicant Name: ?????
Application Receipt Date: 2010/06/29 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, in effect, that he requests an upgrade of his discharge to general, under honorable conditions or a fully honorable discharge. He contends that he served in Iraq for over thirteen months and was injured from a mortar blast; suffers from Post Traumatic Stress Disorder (PTSD); and was treated for a brain trauma concussion blast.
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: 100315
Discharge Received: Date: 100412 Chapter: 14-12c(2) AR: 635-200
Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: HHT, 1-7 Cav Regt, Fort Hood, TX
Time Lost: AWOL x 6 for a total of 46 days; (091027-091027) for 1 day, mode of return unknown; (091104-091129) for 26 days, mode of return unknown; (091201-091203) for 3 days, mode of return unknown; (091204-091214) for 11 days, mode of return unknown; (001221-091223) for 3 days, apprehended; (100106-100107) for 2 days, mode of return unknown; Confinement/Civil Authorities (091215-091220) for 6 days; Confinement/Military Authorities (100223-100318) for 26 days. Total time lost 78 days.
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): 100223, SCM, absented himself from his unit (AWOL) x 7 (100106-100108), (091205-091215), (001221-091224), (091201-091204), (091104-091130), (091027-091028), (091007-091008); and wrongfully used marijuana x 2 (091101-091130), (090921-091021); reduction to E-1, forfeiture of $964 pay and confinement for 30 days.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 18
Current ENL Date: 070809 Current ENL Term: 03 Years 18 Weeks/with a moral waiver (070411)
Current ENL Service: 02 Yrs, 05 Mos, 16 Days ?????
Total Service: 02 Yrs, 05 Mos, 16 Days ?????
Previous Discharges: None
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 19D10 Cavalry Scout GT: 115 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq (080309-090309)
Decorations/Awards: ARCOM, NDSM, ICM-W/2 CS, ASR, OSR
V. Post-Discharge Activity
City, State: Houston, TX
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 15 March 2010, 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 misconductcommission of a serious offense for absenting himself from his unit (AWOL) x 7; and wrongfully using marijuana x 2, with an under other than honorable conditions discharge. He was advised of his rights.
The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily and unconditionally waived consideration of his case by 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 (CPT) and senior intermediate commanders reviewed the proposed action and recommended approval of the separation with an under other than honorable conditions discharge.
On 7 April 2010, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than 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 applicants military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The analyst determined that the applicants discharge was appropriate because the quality of 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 general, under honorable conditions or a fully honorable honorable discharge.
The applicant contends that he was injured from a mortar blast; suffers from Post Traumatic Stress Disorder (PTSD); and was treated for a brain trauma concussion blast. The record does not support the contentions that the applicant was injured from service in Iraq, suffers from PTSD, or that he was treated for brain trauma concussion blast 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 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: 23 February 2011 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: [ redacted ]
Witnesses/Observers: NA
Exhibits Submitted: DD Form 149, dated (100614); Separations Information Sheet, dated (100412); and an Enlisted Records Brief (ERB), dated (100614).
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts 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: NA
RE Code:
Grade Restoration: No Yes Grade: None
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 AR20100018002
______________________________________________________________________________
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