Applicant Name:  ?????

Application Receipt Date: 2010/09/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I respectfully request the character of my discharge be changed from general/under honorable conditions to honorable because the severity of my offense did not prevent me from being deployed to Iraq.  I served in Iraq from March 7, 2004 until March 7, 2005 with the 27th MSB , 1st Cavalry during Operation Iraqi Freedom.  Each day of this combat tour my life was in peril."

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: 051109
Discharge Received: 			   Date: 051129   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Abuse of Illegal Drugs)	   RE:     SPD: JKK   Unit/Location: A Co, 15th CS, Fort Hood, TX 

Time Lost: AWOL x 1 for 193 days (050320-050928), mode of return unknown.

Article 15s (Charges/Dates/Punishment): 040303, Wrongful use of marijuana between (031205 and 040105), reduction to E1; forfeiture of $596.00 pay per month for two months; and extra duty for 15 days, (FG).

040630, Failed to go at the time prescribed to his appointed place of duty (040511), forfeiture of $278.00; and extra duty for 14 days, (CG).  The Article 15 document makes reference to a continuation sheet, however, the continuation sheet was not found in the available records.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 030605    Current ENL Term: 04 Years  ?????
Current ENL Service: 	01 Yrs, 11 Mos, 16 Days ?????
Total Service:  		01 Yrs, 11 Mos, 16 Days ?????
Previous Discharges: 	None
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: 88M10/Motor Transport Operator   GT: 105   EDU: GED   Overseas: Southwest Asia   Combat: Iraq (Period of service not found in the available records).
Decorations/Awards: NDSM, ASR, GWOTEM, GWOTSM

V.  Post-Discharge Activity
City, State:  Rosedale, MD
Post Service Accomplishments: None





VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 9 November 2005, 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 having gone AWOL (050320-050929), having received a Field Grade Article 15 (040303) for the wrongful use of marijuana, receiving a Company Grade Article 15 for failing to report, and for numerous occasions of failing to report, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 10 November 2005, 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 with a general, under honorable conditions discharge.
       
       On 21 November 2005, 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 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 during the period of enlistment under review, the documents, and the issues submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       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 misconduct, the applicant diminished the quality of his service below that meriting 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, 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, the applicant knowingly risked a military career and diminished the quality of his service below that meriting a fully honorable discharge.
       
       The applicant contends that the severity of his offense did not prevent him from being deployed to Iraq.  The analyst acknowledges the applicant's in-service accomplishments to include his deployment to Iraq.  However, in review of the applicant’s entire service record, the analyst found that his accomplishments did not overcome the reason for discharge and characterization of service granted. 
       
       Further, the analyst concluded that the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army.  Having examined all the circumstances, the analyst determined that the applicant’s numerous incidents of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  These incidents of misconduct clearly diminished the quality of the applicant’s service below that meriting a fully honorable discharge.
       
       In view of the foregoing, 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: 25 May 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel:  [ redacted ]

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, Letter from The American Legion, dated 31 August 2010, and DD Form 214 for the period of service under review.

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 narrative reason for discharge was 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 AR20100022907
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