Applicant Name:  ?????

Application Receipt Date: 2011/05/11	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he had a serious duty related injury that wasn't taken into consideration when his discharge was executed.  This bars him from being treated at the VA and receiving any other benefits.  He has taken college courses to better himself and maybe reenlist if possible. 

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   Yes/2011/09/23

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 071024
Discharge Received: 			   Date: 080107   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: Home Detachment, 3rd Squadron, 7th Cavalry, 2nd Brigade, 3rd Infantry Division (Rear) (Provisional), Fort Stewart, GA. 

Time Lost: See court martial below.  The DD Form 214 block 29, time lost does not reflect the 30 days confinement and nor was it subtracted from the applicant's net active service this period in block 12c. 

Article 15s (Charges/Dates/Punishment): The applicant stated in his testimony before the administrative separation board hearing that he received an Article 15 due to a positive urinalysis and part of the punishment was 45 days restriction; however, the Article 15 is not part of the available record.  

Courts-Martial (Charges/Dates/Punishment): 071004, Summary Court-Martial for failing to report for duty x 4 and wrongfully using marijuana x 2.  The punishment that was imposed is not part of the available record; however, during the applicant's administrative separation board hearing, the unit commander in his testimony stated that the applicant spent 30 days in confinement.  

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 060608    Current ENL Term: 3 Years  18 weeks/The applicant required a moral waiver at the time of enlistment, which was approved on (060511)
Current ENL Service: 	1 Yrs, 7 Mos, 0 Days ?????
Total Service:  		1 Yrs, 7 Mos, 0 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 19D10 Cavalry Scout   GT: 102   EDU: GED Cert   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant states in his issue that he is taking some college courses.  

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 22 October 2007, 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 (070514-070613), D-Amphetamine between (070309-070410), marijuana between (070118-070220), and failed to report for duty on diverse occasions x 4, (070706), (070604), (070516), (070507), with a general, under honorable conditions discharge.  He was advised of his rights.  On 24 October 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge and did not submit a statement in his own behalf. 
       
       The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander's reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  The separation authority disapproved the applicant's conditional waiver and referred the case to an administrative separation board.  On 14 November 2007, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 3 December 2007, the administrative separation board met and the applicant appeared with counsel.  The board recommended separation with an under other than honorable conditions discharge.  On 13 December 2007, the separation authority approved the boards findings and recommendations and directed that the applicant be discharged with a characterization of service of under other than honorable conditionss.  The applicant was to be reduced to the lowest enlisted rank.  
       
       The record contains a Military Police Report in reference to the applicant's offense of underage drinking dated 15 May 2007.

       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 he submitted, the analyst determined that the characterization of service is improper.  
       
       The analyst noted that the government introduced into the discharge packet the results of a biochemical test that was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan.  This is limited use information as defined in AR 600-85.  Use of this information mandates award of a fully honorable characterization of service.  
       
       Accordingly, the analyst recommends to the board that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.  This action entails a restoration of grade to PV2/E-2.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 26 September 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 149 dated 8 May 2011 in lieu of a DD Form 293.

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 noted that the government introduced a document into the discharge process revealing that the applicant had self-referred to the Alcohol and Drug Prevention and Control Program for substance abuse.  This is limited use information as defined in AR 600-85.  Use of this information mandates award of a fully honorable discharge.  Accordingly, the Board voted to change the characterization of service to fully honorable.  However, the board found that the reason for discharge was fully supported by the record and voted not to change it.  This action entails a restoration of grade to PV2/E-2. 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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: This action entails a restoration of grade to PV/E-2 as indicated below.										
RE Code: 
Grade Restoration:   No   Yes   Grade: PV2/E-2
























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 AR20110010486
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