Applicant Name:  ?????

Application Receipt Date: 2010/10/07	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "The dd 214 i signed said honorable, the one they gave me said under honorable, also it doesn't show my time i served in afghanistan i was there twice for oef1,4 when i was getting close to the end of my contract i was being harassed to reup, i told my platoon sgt at the time i didn't want to reup and he told me he would make my life a living hell, he was good friends with one of the out processing agent that out processed me, i was furious and kept my mouth shut, 

now that i'm trying to get into the nypd this is hurting my chances, they also changed my time in the war, i fought for my country with all my heart and because i didn't reup i get treated like this, if you can help me that would be great if you want to get into details i will help, i herd i'm not the only one he has done this too.I Didn't think it would hurt me in the long run, i didn't think i was strong enough to fight this guy and all he can do, look if he wanted you out he got you out there was nothing i could do, people told me sorry,i just sucked it up and drove on, i'm not worried about him anymore i just want to serve my city. i talked to jag before i left and they said what hes doing is illegal,once he found out i went to jag i was discharged and he won."

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: 041015
Discharge Received: 			   Date: 041108   Chapter: 14-12c       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: HQ & HQ Company, 1st Battalion, 87th Infrantry, 10th Mountain Division (Light Infantry), Fort Drum, NY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 030921, wrongfully used marijuana between on or about (030609-030709), reduction to Private (E-1), forfeiture of $575.00 pay, suspended, to be automatically remitted if not vacated before (031120), 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: 001115    Current ENL Term: 4 Years  ?????
Current ENL Service: 	3 Yrs, 11 Mos, 24 Days ?????
Total Service:  		3 Yrs, 11 Mos, 24 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 87   EDU: HS Grad   Overseas: Southwest Asia   Combat: Afghanistan x 2 (011003-020506), (030709-040420)
Decorations/Awards: NDSM, VUA, GWOTEM, GWOTSM, ASR, CIB

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 21 September 2004, 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 marijuana between on or about (030609-030709), with a general, under honorable conditions discharge.  He was advised of his rights. 
       
       On 15 October 2004, 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 service 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.  On 18 October 2004, 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 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 issue 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 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 issues that the DD Form 214 he signed said honorable and the one they gave him was under honorable conditions and it doesn't show his time served in Afghanistan. When he was getting close to the end of his contract, he was being harassed to reup.  The DD Form 214 the applicant is referring to in his issue is a worksheet as annotated on the document. 
       
       Had the applicant not engaged in the wrongful use of marijuana and completed his four year enlistment obligation, he would have received such a DD Form 214.  However, because of his misconduct, the official document he received was a general, under honorable conditions discharge, under the provisions of Chapter 14-12c, AR635-200 by reason of misconduct-commission of a serious offense.  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  further contends that the dates he served in Afghanistan are not shown on the DD Form 214 and he is trying to get into the New York City Police Department and the discharge is hurting his chances,.  The correction the applicant requests to be made to the DD Form 214, does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing the enclosed DD Form 149 regarding this matter.  A DD Form 149 may also be obtained from a Veterans' Service Organization. 
       
       Additionally, , the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       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: 8 June 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Copy of the DD Form 214 Worksheet, and his NATO Travel Orders.

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 characterization of service was too harsh, and as a result it is inequitable.  The Board determined that the overall length and quality of the applicant’s service, to include his combat service, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it. 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 3    No change 2
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 AR20100022972
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