Applicant Name:  ?????

Application Receipt Date: 2010/08/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant, states in effect, that he feels that his discharge is inequitable based on his post service conduct and that it should be upgraded to honorable.  He deployed to Iraq 2007-2008, and after he returned he was stressed out and developed anxiety.  He started to drink and used marijuana and feels he was suffering from PTSD.  He received three Articles 15.  He would like to rejoin the ARNG, receive some help from the VA and be able to use his GI Bill entitlement.

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: 090204
Discharge Received: 			   Date: 090302   Chapter: 14-12c    AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: A Btry, 377th FA Bn, Fort Richardson, AK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080214, dereliction of duty (080125), reduction to E-3 (suspended), forfeiture of $391 (suspended), 7 days of extra duty and restriction (CG)

080813, wrongfully used marijuana (080707-080808), reduction to E-1, forfeiture of $673 for two months, 45 days of extra duty and restriction (FG)

090128, disrespect to an NCO (081214), driving while intoxicated (081214), forfeiture of $673 (suspended), 45 days of extra duty and restriction (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 070328    Current ENL Term: 5 Years  ?????
Current ENL Service: 	03 Yrs, 08Mos, 11Days ?????
Total Service:  		04 Yrs, 02Mos, 20Days ?????
Previous Discharges: 	RA 050622-070327/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 13D1P/FA Automation Spc   GT: 90   EDU: HS Grad   Overseas: SWA   Combat: Iraq (061010-071201)
Decorations/Awards: ARCOM, NDSM, ICM-CS, ASR, OSR-2, 

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



VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 4 February 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 marijuana and driving while intoxicated, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 4 February 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 commander reviewed the proposed elimination action and recommended approval with a general, under honorable conditions discharge.  
       
       On 10 February 2009, the separation authority waived further rehabilitation and directed the applicant’s discharge 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 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.  By his repeated serious incidents of misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant’s service was marred by three Articles 15, for serious violations of the Uniform Code of Military Justice.  
       
       Moreover, 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.  
       
       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 acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review which included a combat tour.  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 misconduct or by the multiple negative counseling statements contained in his service record.  
       
       The applicant contends that he was suffering from PTSD.  However, 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.  The record shows that on 28 January 2009, the applicant underwent a mental evaluation which indicates he was mentally responsible, with thought content as clear, and was able to recognize right from wrong.
       
       Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant wants to serve again, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.  
       
       Finally, 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.
       
       Therefore, 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: 15 April 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214, ATRRS record, ERB, certificate of Delayed Entry Program, a self-authored statement, DA Form 4187 (E-4), counseling statements (2), five training certificates, certificate of achievement, ARCOM award, oath or reenlistment, Airborne Diploma, OSUT graduation certificate.

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 AR20100022039
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