Applicant Name:  ?????

Application Receipt Date: 2010/11/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states in effect that his discharge was inequtible and improper based on his character and or medical reasons which were not addressed properly prior to his separation.  He states that he served with the highest regard to the mission.  He states that he and his commander made an agreement that he could ETS honorably if he stayed abstinent and work closely with the ASAP counselor.  The command hastily deployed and the acting commander released the separation packet without his knowledge.  He further states that he struggles with severe PTSD symptoms of depression and aggresion, was given seroquil and other medicines that only heightened his illness and may have influenced the string of poor decisions he made.  He is in sever debt, in the process of a divorce, unemployed, unable to use his GI bill benefits, unable to receive unemployment compensation and have moved in with his father.  He has attached several documents from his COL, SGM, Squad leader and ASAP counselor.  He ask the board to look into this matter fairly and justly and take into account the positive aspects of his soldiering. 

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: NIF
Discharge Received: 			   Date: 100202   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: HHD, 21st CSH, Ft Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 091113, wrongfully use marijuana (090808-091009); reduction to E2, forfeiture of $784 pay per month for two months, suspended, to be automatically remitted if not vacated before (100515), 45 days extra duty and 45 days restriction (FG).

091207, vacation of suspension, wrongfully use marijuana (091004-091104); forfeiture of $784 per month for two months (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  26
Current ENL Date: 040525    Current ENL Term: 6 Years  ?????
Current ENL Service: 	5 Yrs, 08Mos, 10Days ?????
Total Service:  		5 Yrs, 08Mos, 10Days ?????
Previous Discharges: 	None
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 68A10 Biomedical Equip Spec   GT: 116   EDU: BS Degree   Overseas: SWA   Combat: Iraq (080311-090317)
Decorations/Awards: ARCOM x2, AAM, MUC, AGCM, NDSM, GOWTSM, ICM wCS, NCOPDR, ASR, OSR

V.  Post-Discharge Activity
City, State:  San Antonio, 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 7 January 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(1), AR 635-200, by reason of misconduct  in the he tested positive for marijuana (091008 and 091104), with a general, under honorable conditions discharge.  He was advised of his rights.  
       On 13 January 2010, 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.  
       On 20 January 2010, 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 carefully examining the applicant’s record of service during the period of enlistment under review and the issue and documents submitted with the application, the analyst determined that the discharge was both proper and equitable.  
       
       The analyst determined that 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.  The applicant by violating the Army's policy not to possess or use illegal drugs, compromised the special trust and confidence placed in a non-commissioned officer (NCO).  The applicant, as a NCO, 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 the misconduct diminished the quality of service below that meriting a fully honorable discharge.  
       
       Furthermore, 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.  
       
       Further, 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.
       
       The analyst acknowledges the applicant's successful in-Service accomplishments.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 
       
       Furthermore, the applicant was discharged under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)", and the separation code is "JKK."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.     
       
       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: 25 February 2011         Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel: [ redacted ]

Witnesses/Observers: None 

Exhibits Submitted: DD Form 214, Memorandun for Substance Abuse Counselor dated 100324, 16 pages of Medical notes from [ redacted ] Texas Veterans Health Care System, 4 emails notes for DRB Board, self-authored statement (2 pages), Memorandum from [ redacted ] Counseling and Consulting, PA (2 pages)

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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: No Change										
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 AR20100028449
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