Applicant Name:  ?????

Application Receipt Date: 2010/09/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "During a fifteen month deployment to Afghanistan, due to high levels of stress, I began using hashish as a coping method. I felt that my chain of command wasn’t truly concerned with individual well being of its soldiers. In a combat arms unit, if there is a soldier who is struggling with stress, should he report his problem, he will be viewed as a weak individual who requires special attention. In a lot of cases, this will hinder promotion of pay grade and worsen the treatment of the individual by his chain of command. I was worried this would happen to me had I come forward with my issues, the superiors in my platoon had given me the impression that they didn’t care as long as they didn’t  receive any discipline or negative counseling. When it was discovered that myself, along with six others in my platoon were using hashish, we were stripped of our ranks and received loss of pay. None of the soldiers, myself included, ever received any form of drug abuse counseling or rehabilitation. The others were sent away to other platoons, I stayed on FOB Wilderness with my original platoon, danger was extremely high on this base, as well as my superior’s animosity towards me. Despite of these harsh conditions, I gained my rank back very quickly, proving my worth to the military and my unit at every opportunity. After my return to Ft. Bragg, my stress issues hadn’t changed, I began drinking alcohol excessively as a legal alternative to hashish. Everyone knew about it, however no help was offered yet again. Once I discovered alcohol was causing me personal problems, I took it upon myself to stop drinking. I had become extremely irritable and aggressive after this change in my lifestyle and my overall attitude towards the army was ruined. I wrongfully used marijuana before a scheduled leave. When I returned, I had tested positive and lost all of my rank again. My commander had now decided it would be best to have me separated from the military. I realize that I should have sought help above my immediate chain of command, perhaps at brigade level, and that hashish and marijuana were poor choices. Today, I am drug and alcohol free. With the support of my family and true friends, I no longer need these things. I am proud to have served my country, my only wish is that I may receive an honorable discharge in order to use the Montgomery G.I. Bill so that I may pursue a career in the medical field, continue helping people and be a productive member of society." 

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: 090309
Discharge Received: 			   Date: 090413   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: B Battery, 2/321st FAR, Ft Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 090115, wrongful use of marijuana (081201-081215); reduction to E1, forfeiture of $699 pay per month for 2 months, extra duty and restriction for 45 days (FG).

071024, wrongful use of hashish (070901-070930), reduction to E1, forfeiture of $700 pay 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:  20
Current ENL Date: 060531    Current ENL Term: 5 Years  19 weeks
Current ENL Service: 	02 Yrs, 10Mos, 13Days ?????
Total Service:  		02 Yrs, 10Mos, 13Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 13B1P Cannon Crewmember   GT: 101   EDU: GED   Overseas: SWA   Combat: Afghanistan (070122-080417)
Decorations/Awards: ARCOM, NDSM, ACMw/2CS, GWOTSM, ASR, OSR, NATO Medal, CAB

V.  Post-Discharge Activity
City, State:  Kerrville, TX
Post Service Accomplishments: None submitted

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 9 March 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 (081201-081215) and wrongfully using hashish while in Afghanistan (070901-070930), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 9 March 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action and did not submit 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 discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  
       
       The separation authority waived further rehabilitative efforts and directed 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 the applicant’s discharge was appropriate because the quality of 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 the former Soldier’s 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 analyst noted that applicant's issue that the chain of command did not care or help him.  The evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to these efforts.
       Additionally, eligibility for veteran's benefits to include educational benefits under the 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: 24 February 2011         Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214

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: 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 AR20100022442
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