Applicant Name:  ?????

Application Receipt Date: 2010/07/30	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that the 1SG pulled him out of ASAP in order to speed up his release from the US Army. The records at the ASAP building on Fort Irwin will state that he was pulled out by his 1SGT without finishing the program. He was not able to help himself with his drug problem because none of his chain of command would let him go back to ASAP. They thought it was not necessary for him to be rehabilitated of his problem. Therefore he was not given time to explain his problem and was rushed out of his unit and given a other than honoable discharge under false assumption; however, his behavior would have been fixed with drug rehabilitation classes.

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: 091021
Discharge Received: 			   Date: 091110   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: HQ & HQ Troop, 2nd Squadron, 11th Armored Cavalry Regiment, Fort Irwin, CA 

Time Lost: AWOL x 1 from (091009-091019) for 11 days, the mode of return is unknown.

Article 15s (Charges/Dates/Punishment): 090818, wrongfully used 3,4-methylenedioxymethamphetamine between on or about (090515-090519), and wrongfully used d-methamphetamine between on or about (090515-090519), forfeiture of $700.00 pay per for two months, extra duty and restriction 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: 070109    Current ENL Term: 3 Years  24 weeks
Current ENL Service: 	2 Yrs, 9 Mos, 21 Days ?????
Total Service:  		2 Yrs, 9 Mos, 21 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 91B10 Wheeled Vehicle Mech   GT: 103   EDU: HS Grad   Overseas: Korea (dates-NIF)    Combat: None
Decorations/Awards: NDSM, GWOTSM, KDSM, ASR, OSR

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 22 September 2009, 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 wrongfully used methylenedioxymethamphetamine and methamphetamine between (090515-090519) and failed to report on diverse occasions to, accountability formation, work call and his place of duty.  The unit commander recommended separation with an under other than honorable conditions discharge.  He was advised of his rights.  On 29 September 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board and did not submit a statement in his own behalf.  
       
       On 29 September 2009, the applicant again consulted with legal counsel and 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.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  On 22 October 2009, the intermediate commander's reviewed the proposed discharge action and recommended disapproval, and that the case be forwarded to an administrative separation board with the recommendation of an under other than honorable conditions discharge. 
       
       On 26 October 2009, the applicant again consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board and understood that he was being recommended for an under other than honorable conditions discharge.  On 4 November 2009, 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 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 the 1SG pulled him out of ASAP in order to speed up his release from the US Army.  The records at the ASAP building on Fort Irwin will state that he was pulled out by his 1SGT without finishing the program.  The evidence of record shows that the applicant failed to show up for his appointments with the ASAP counsellor and was recommended by the chain of command that UCMJ action be taken against him.  Further, 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.  
       
       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: 15 April 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 23 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 AR20100020247
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