Applicant Name:  ?????

Application Receipt Date: 2010/08/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he served honorably for three and a half years which included a combat tour to Iraq for eleven and half months in which he was exposed to four IED blasts.  One of which caused him traumatic brain injuries (TBI) resulting in a medical evacuation to Landstuhl AMC in Germany.  While at Vilseck, GE, he used some alcohol and marijuana and was later separated from the Army with an under other than honorable conditions discharge.  He was awarded an ARCOM and a CAB for his service in Iraq.  While in the Army he was treated for PTSD and his treatment continues at the VA Medical Center in Hyannis, MA.

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: 091211
Discharge Received: 			   Date: 100113   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: En Troop, 2d Armd Cavalry Rgt, Vilseck, GE 

Time Lost: 25 days, military confinement (091211-100104) 

Article 15s (Charges/Dates/Punishment): 071023, wrongfully used cocaine (070723-070731), reduction to E-2, forfeiture of $729 for 2 months, 45 days of extra duty and restriction (FG)

The record also indicates that the applicant received an Article 15 in 2007 for disrespecting an NCO.  This UCMJ action is not contained in the record.

Courts-Martial (Charges/Dates/Punishment): 091211, wrongful use of a controlled substance, reduction to E-1, confinement for 30 days (SCM)

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 060823    Current ENL Term: 3 Years  16 weeks
Current ENL Service: 	03 Yrs, 03Mos, 07Days ?????
Total Service:  		03 Yrs, 03Mos, 27Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 21B10/Combat Engineer   GT: 101   EDU: HS Grad   Overseas: Germany, SWA   Combat: Iraq (070811-081201)
Decorations/Awards: NDSM, AGCM, GWOTSM, ICM-CS, ASR, OSR-2, CAB, and an ARCOM which is not reflected in the applicant’s DD Form 214.

V.  Post-Discharge Activity
City, State:  Hyannis, MA
Post Service Accomplishments: None listed


VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 11 December 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct—commission of a serious offense for wrongfully using cocaine, an illegal substance, on two occasions (070723-070731 and 090902-090909), with an under other than honorable conditions discharge.  He was advised of his rights. 
        
       On 11 December 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to appear before an administrative separation board 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 elimination action and recommended approval with an under other than honorable conditions discharge.  
       
       On 17 December 2009, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of under other than honorable conditions.
       
       The record contains a CID Report dated 30 September 2007.

       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, 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 his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  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, he knowingly risked a military career and diminished the quality of his service below that meriting a fully honorable discharge.  
       
       The analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of drug abuse and the documented Summary Court Martial.
       
       Furthermore, the record does not support the issue that the applicant suffers from Post Traumatic Stress Disorder and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.  On 2 December 2009, the applicant was mentally evaluated and the documentation in the record indicates he did not meet the criteria for PTSD or TBI.
       
       The applicant contends that he was unjustly discharged as result of a reprisal action because he had made an IG complaint.  However, he provides no evidence to substantiate his contention.  In reviewing discharges, the Board presumes regularity in the conduct of Governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the applicant and he has not provided any evidence.
       
       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: DD Form 214, statements of support from CPT S and SGT M, ARCOM and AGCM awards.

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 1    No change 4
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 AR20100020960
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