Applicant Name:  ?????

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

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I believe a change is required because I served my full contract before being generally discharged.  I served in OEF and will be affected by the things I saw and did during that time for the rest of my life.  I believe I deserve my education benefits and my discharge is hindering this.  I paid for the G.I. Bill and fulfilled my contract and now my civilian life is being affected by this unjust discharge.  I beg you to look into this matter."

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: 080612
Discharge Received: 			   Date: 080813   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: B Co, WTB, WAMC, Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 071023, Wrongful use of hashish between on or about (070801 and 070927), reduction to E1; forfeiture of $700.00 per month for two months; and extra duty for 45 days, (FG).

080522, Wrongful use of marijuana between (080305 and 080404), forfeiture of $100.00 pay for 2 months (suspended); and extra duty for 45 days, (FG).

080530, suspension of punishment of forfeiture of $100.00 pay per month for 2 months was vacated due to failing to go at the time prescribed to his appointed place of duty x 3 (080524, 080525, and 080526).

080603, Failing to go at the time prescribed to his appointed place of duty x 3 (080524, 080525, and 080526), forfeiture of $673.00 pay for 2 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:  19
Current ENL Date: 041022    Current ENL Term: 03 Years  21 Weeks. Retained in service 115 days for the convenience of the government and retention for 34 days as essential to national security.
Current ENL Service: 	03 Yrs, 09 Mos, 22 Days ?????
Total Service:  		03 Yrs, 09 Mos, 22 Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 11B1P/Infantryman   GT: 113   EDU: NIF   Overseas: Southwest Asia   Combat: Afghanistan (070209-080418)
Decorations/Awards: ACM-w/CS, NDSM, GWOTSM, ASR, OSR, NATOMDL

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 12 June 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Section III, paragraph 14-12c, AR 635-200, by reason of misconduct—commission of a serious offense for having received a Field Grade Article 15 (080522) for the wrongful use of marijuana a controlled substance and a second Field Grade 15 (080603) for failing to report to extra duty on three different occasions as directed in his previous Article 15, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 12 June 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf which was not found in the available records.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  
       
       On 27 June 2008, 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 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 issues he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       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 his 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.  
       
       Furthermore, the applicant, by violating the Army's policy not to possess or use unauthorized/controlled substances 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 analyst noted the applicant's issue that he deserves his education benefits, however, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       The analyst acknowledges the independent document (Department of Veterans Affairs ) submitted with application granting him 30% service connected disability for Post Traumatic Stress Disorder (PTSD).  However, in review of the applicant's entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted.  The record shows that on 19 May 2008, the applicant underwent a mental evaluation which indicates that he was mentally responsible, with thought content as clear, was able to distinguish right from wrong, and possessed sufficient mental capacity.  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.
       
       Finally, the applicant contends that he had completed his contract, however, the record shows he was retained in service for the convenience of the government for reason of National Security, thus his term of service had been extended.
       
       In view of the foregoing, the analyst determined that the characterization of service and reason for discharge 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 March 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, Department of Veterans Affairs Decision Letter, 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 AR20100018466
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