Applicant Name:  ?????

Application Receipt Date: 2010/07/19	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I BELIEVE MY DISCHARGE SHOULD BE UPGRADED BECAUSE I BELIEVE I WAS AN OUTSTANDING SOLDIER WHILE SERVING IN THE ARMY. I EARNED SEVERAL AWARDS AND MEDALS. I BELIEVE THAT I WAS BEING SINGLED OUT BY A CERTAIN SUPERIOR OF MINE DURING MY TIME IN GERMANY WHERE I RECEIVED THE MOST OF MY PROBLEMS.  I WAS STATIONED AT OTHER DUTY STATIONS BEFORE GERMANY AND NEVER HAD ANY PROBLEMS AT EITHER ONE OF THEM."

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: 010124
Discharge Received: 			   Date: 010331   Chapter: 14-12       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: VNOC, 587th Sig Co, 52d Sig Bn, APO AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): date unknown, Failure to go at the time prescribed to his appointed place of duty x 5, (990809, 990809, 990902, 990910, and 990920), reduction to E3; forfeiture of $275.00 pay per month for one (1) month; and extra duty for 14 days, (CG).

001218, Wrongful use of marijuana between 000809-000809), reduction to E1; forfeiture of $502.00; 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:  18
Current ENL Date: 970523    Current ENL Term: 06 Years  ?????
Current ENL Service: 	03 Yrs, 10Mos, 08Days ?????
Total Service:  		03 Yrs, 10Mos, 08Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 74B10/Info Sys Ops Analyst   GT: 93   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: AAM, AGCM, ASR

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






VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 24 January 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct for his wrongful use of marijuana, disrespect toward noncommissioned officers, numerous FTR's, and willful disobedience to noncommissioned officers, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 9 February 2001, the applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       The separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The applicant records contains a CID Report, dated 21 November 2000.

       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 during the period of enlistment under review, the issues and documents 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 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 the former Soldier’s 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.  
       
       Furthermore, 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 service below that meriting a fully honorable discharge.  
       
       The applicant contends that he was an outstanding Soldier and that he was singled out by a superior.  The analyst noted the applicant contention, however, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process 
       
       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: 8 April 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application, DA Form 2-1 (4 pages), Enlisted Record Brief, Discharge Orders, dated 14 March and 30 March 2001, Documents from discharge packet (5 pages), 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 AR20100018339
______________________________________________________________________________


Page 3 of 3 pages