Applicant Name:  ?????

Application Receipt Date: 2010/10/28	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he received an Article 15 for failing a urinalysis while assigned to 3rd Brigade, 1st Infantry Division at Fort Hood, TX.  The imposed punishment was 20 days of extra duty, reduction of to E-1 and loss of half month’s pay for two months.  He had been with his unit from February of 2007 and completed a deployment to Afghanistan from 23 June 2008 through 19 June 2009.  His chain of command at Fort Hood retained him allowed him to PCS to Fort Knox, KY.  For reasons that are still unclear to him, the Article 15 was void and he never received a reduction in rank or loss of pay.  The information concerning the Article 15 was forwarded; however, the new chain of command could not give him another Article 15 for his original offense.  His chain of command at Fort Hood never completed the necessary paperwork stating he was to be retained in the Army.  Because of this, the chain of command at Fort Knox was able to initiate the chapter process and have him discharged from the Army.  He is not making excuses for his action but he feels that it is an injustice to be discharged by a chain of command with whom he did limited training and did not deploy with.  He was given a second chance at Fort Hood but was robbed of it when he arrived at Fort Knox.  It is because of this that he is requesting his discharge be upgraded to an honorable.

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: Commander recommended retention, memorandum is undated.
Discharge Received: 			   Date: 100407   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: A Company, 3d Brigade, Special Troops Battalion, Fort Knox, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF, applicant states he received an Article 15 while serving at Fort Hood. The case file shows the applicant received a FG Article 15 for testing positive for marijuana, 20 days extra duty, restriction, reduction to E-1, and loss of half months pay for two months.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 060915    Current ENL Term: 4 Years  ?????
Current ENL Service: 	3  Yrs, 6 Mos, 23 Days ?????
Total Service:  		3  Yrs, 6 Mos, 23 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 21B10 Combat Engineer   GT: 129   EDU: HS Grad   Overseas: SWA   Combat: Afghanistan (080623 - 090619)
Decorations/Awards: ARCOM, AAM, AGCM, NDSM, ACM w-2CS, GWOTSM, ASR, OSR, NAM, CAB

V.  Post-Discharge Activity
City, State:  New Freedom, PA
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c (2), AR 635-200, by reason of misconduct-abuse of illegal drugs, for wrongfully using marijuana (0090718 - 090817), the commander recommended the applicant be retained in the Army.  He was advised of his rights.  
      
      On 4 March 2010, 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 the applicant be retained in the Army.  The intermediate commander reviewed the proposed action and recommended separation with a general, under honorable conditions discharge.  
      
      On 24 March 2010, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions and suspended execution of the approved separation for period of full-time military duty not to exceed 12 months.
      
      On 7 April 2010, the applicant was separated with a general, under honorable conditions discharge.  The specific details that would indicate the reason the applicant was expeditiously discharged, although the separation had been suspended for a period of one year, are not contained in the record and the analyst presumed government regularity.

      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 examination of the applicant’s record of service during the period of enlistment under review, the issue and documents submitted with his application, the analyst determined that the discharge was both proper and equitable.
      
      The applicant contends that his discharge is inequitable because his prior command at Fort Hood had elected to retain him. His record revels that he tested positive for marijuana on 17 August 2009 while stationed at Fort Hood, TX.
      The applicant contends that he received an Article 15 at Fort Hood for his misconduct and completed the imposed punishment of 20 days of extra duty.  The additional punishment of reduction to E-1 and loss of a half month’s pay for two months may have been suspended or incorrectly processed.
      
      The applicant made a PCS move to Fort Knox, KY, where he successfully completed ASAP 22 February 2010.  The company commander noted in his recommendation for retention; that the applicant was a trusted combat Soldier and also performed in the role of team leader in his squad.  
      
      The applicant provided several letters of recommendation from his immediate supervisory leaders; however, he did not provide a retention statement from his prior chain of command at Fort Hood.  The applicant contends that his prior chain of command did not process the retention statement when he moved to Fort Knox and that is why the separation authority at Fort Knox, pursued the discharge action against the applicant.
      
      The analyst noted that even though a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army and without further corroborating evidence, 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: 6 July 2011         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 with a self-authored statement, various letters of recommendation, an academic verification report, proof of employment and a 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 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: 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 AR20100026603
______________________________________________________________________________


Page 1 of 3 pages