Applicant Name:  ?????

Application Receipt Date: 2010/07/06	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: I was told on numerous occasions by my NCO's, Commanders, and fellow Soldiers that I deserve an honorable discharge.  In over 4 years of service,  including a 15 month deployment, I have had 2 negative counseling statements, a near perfect military record.  Despite my actions.  My discharge was inequitable, it was based on one incident in 52 months of service with no other adverse actions.  I served 15 months in a combat zone with no infractions.  After return from Iraq I was soon diagnosed with chronic PTSD, anxiety disorder, and secondary insomnia.  Following these issues, my marriage went downhill.  I was determined to make my spouse happy and smile.  I was willing to do whatever it took.  I was turned in.  All but one person, consisting of NCO's, Officers and Civilians, supported me being retained, but I was not because of the fact it was drugs.  Once you review my supporting documents, you will see the support I had.  Two days ago (22 June 10) I went to the recruiter office and found out that I was lied to, the out processing man in Germany said a re-enlistment code of 4 meant I can come back in the military in 6 months.  The recruiter showed me otherwise.  I have clearly learned from the mistake I made, I have also learned that after working a civilian job for less than 2 months, I love the military and I love serving my country.  I want to reenlist please consider all of what is submitted.  Thank you!"

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: 100217
Discharge Received: 			   Date: 100415   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: 3/158th Avn Regt, 12th CBT Avn Bde (R) (P), APO AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): 091028, SCM, Wrongful distribution of some amount of marijuana between (090327 and 090505), reduction to E2; forfeiture of $1,418.00  pay per month for one month; and restriction for 50 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 051117    Current ENL Term: 04 Years  24 Weeks
Current ENL Service: 	04 Yrs, 04Mos, 29Days ?????
Total Service:  		04 Yrs, 04Mos, 29Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 92F10/Petroleum Supply Sp   GT: 98   EDU: GED   Overseas: Germany, Southwest Asia   Combat: Iraq (070715-080926)
Decorations/Awards: ARCOM, AAM-2, AGCM, NDSM, GWOTSM, ICM-w/CS, OSR-2, 

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 17 February 2010, 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 (abuse of illegal drugs) for having in a sworn statement made to Criminal Investigation Division (CID) (090505), admitted to wrongfully distributing marijuana to various Soldiers on divers occasions, with an under other than honorable conditions discharge.  He was advised of his rights.  
       
       On 11 March 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commanders reviewed the proposed discharge action and recommended approval with an under other than honorable conditions discharge.
       
       On 2 April 2010, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
       
       The applicant's record contains a CID Report, dated 28 August 2009.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 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 during the period of enlistment under review, the documents, and the issues he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       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 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 applicant contends that he was diagnosed with chronic Post Traumatic Stress Disorder (PTSD), Anxiety Disorder, and Secondary Insomnia. The analyst acknowledges that the applicant had been diagnosed with PTSD however, the Report of Behavioral Health Evaluation, dated 18 November 2009, states, that the applicant had a psychiatric history predating his military career with therapy and psychotropic medications.  His medical record indicated that he had not been compliant with medications and therapy recommendations.  He did not have a TBI, and he was not considered a danger to himself or others.  He initially blamed his antisocial and illegal activity on his PTSD and medication, but there was no plausible medical explanation that his PTSD or medication caused him to sell illegal substances.  The analyst concluded that just because the applicant suffers 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.  
       
       
       
       
       The analyst noted the applicant's issue that he wants to reelist, however, 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. 
       
       In view of the foregoing, 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: 6 April 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, Mental Health Diagnosis and Treatment Report, Memorandum, dated 11 March 2010, 29 October 2009, self-authored letter (2 pages), Statement of Support, dated 11 March 2010, Army Commendation Medal, Army Achievement Medal and Army Good Conduct Medal Certificates, Recommendation for Award (2), Orders for Award of the Good Conduct Medal, Certificate of Achievement, document from discharge packet, dated 2 April 2010, and DD Form 214 for the period of service under review.

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 AR20100018232
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