Applicant Name:  ?????

Application Receipt Date: 2010/07/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that his discharge is inequitable because he admitted to the problem several times. He was still enrolled in ADAPC classes during this time. His discharge was inequitable because he wasn't notified of the chapter he was being chaptered out on because he was on leave. The understanding before he went on leave was that his 1SG and commander got with the ADAPC counselors and came to a decision that he was not going to be chaptered. 

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: 980217
Discharge Received: 			   Date: 980331   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: 502nd Medical Company, (Dental Services), 1st Medical Group, 13th Corps Support Command, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 971204, wrongfuly used marijuana between on or about (970908-971009), reduction to Private (E-2) and 10 days extra duty (FG)

Article 15, 960925, wrongfully used marijuana, (this Article 15 information was taken from the unit commanders recommendation for separation), the punishment imposed was not part of the available record.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 950823    Current ENL Term: 3 Years  ?????
Current ENL Service: 	2 Yrs, 7 Mos, 8 Days ?????
Total Service:  		2 Yrs, 7 Mos, 8 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92G10 Food Service Spec   GT: 82   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 9 February 1998, 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 received a Field Grade Article 15 on (960925) for the wrongful use of marijuana, on (971201) he came up positive in a 100% urinalysis for marijuana, on (971204) he received a Field Grade Article 15 for the wrongful use of marijuana, on (971103) he came up positive in a 100% urinalysis for marijuana, failed to repair, dereliction of duty and delinquency on the deposit waiver program.  The unit commander recommended separation with an under other than honorable conditions discharge.  He was advised of his rights. 
       
       On 10 February 1998, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  On 26 February 1998, 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 his discharge was inequitable because he admitted to the problem several times and he was still enrolled in ADAPC clases during this time.  The evidence of record establishes the fact that the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems.  However, before initiating action to separate the applicant, the command made an assessment of the applicant's potential for becoming a fully satisfactory soldier.  The evidence of record further shows that as the applicant did not subsequently conform to required standards of discipline and performance, the command appropriately determined the applicant did not demonstrate the potential for further military service.
       
       
       The applicant further contends that his discharge was inequitable because he wasn't notified of the chapter that he was being chaptered out on because he was on leave.  The understanding before he went on leave was that his 1SG and commander got with the ADAPC counselors and came to a decision that he was not going to be chaptered.  The evidence of record shows that the applicant while still at his unit during the administrative separation proceedings, consulted with defense counsel and was advised of the basis for his separation under the provisions of Chapter 14, AR 635-200, for misconduct and understood that he could receive an under other than honorable conditions discharge.  The record further shows that he submitted a conditional waiver  which was authenticated by his signature for a general, under honorable conditions discharge, which he received at the time of his separation from the service.  
       
       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: 30 March 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 7 July 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 AR20100019102
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