Applicant Name:  ?????

Application Receipt Date: 2011/06/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "I feel as if I have served my punishment fully in the U.S. Army and as a U.S. Citizen, since I have been Discharged. I don't feel as if I I should have to walk around for the rest of my life with this badge of shame or label of dishonor. I've been bettering myself since I have been out of the U.S. Army, by going to school full-time, I even went to truck driving school as well and in the process of searching no stop for a job. I have put in 246 application's for jobs and I have not been hired yet because of my DD-214. I'm honest with every employer and they won't hire me because I have a general discharge for misconduct, no matter what I have done to better myself. Please help me and my family in the name of Jesus Christ can you find compassion in your heart for a humble changed man that's trying to better support his family. Thank you."

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: 100310
Discharge Received: 			   Date: 100722   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: 68th Transportation Company, Germany, APO, AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 090731, wrongfully used marijuana between (090421-090521), reduction to Specialist (E-4), forfeiture of $1,109.00 pay, extra duty for 45 days (FG)

100203, wrongfully used marijuana between (091012-091116), reduction to private (E-1), forfeiture of $723.00 pay per month for 2 months, extra duty and restriction for 45 days; oral reprimand (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  25
Current ENL Date: Reenl/090423    Current ENL Term: 6 Years  ?????
Current ENL Service: 	1 Yrs, 3 Mos, 0 Days ?????
Total Service:  		7 Yrs, 9 Mos, 19 Days ?????
Previous Discharges: 	USAR 021003-030114/NA
                                       RA      030115-061024/HD
                                       RA      061025-090422/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 88M1P Motor Transport Oper   GT: 90   EDU: HS Grad   Overseas: Korea, Southwest Asia   Combat: Kuwait/Iraq (051204-061113), Kuwait/Iraq (070722-081014)
Decorations/Awards: ARCOM (3), AAM (3), GCMDL, NDSM, GWOTSM, KDSM, ICMDLw/4 CSS, ASR, OSR (5), UNSMDL, C/Ach (2), C/A

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated in his issue that he is going to school full-time, and even went to truck driving school as well.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 10 March 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c (2), AR 635-200, by reason of misconduct-abuse of illegal drugs; that he wrongfully used marijuana on divers occasions between (090421-090521) and (091016-091116), with an under other than honorable conditions discharge.  He was advised of his rights.  On 12 March 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board 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 reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 17 March 2010, the senior intermediate commander reviewed the proposed discharge action and recommended approval with a general, under honorable conditions discharge.  On 4 May 2010, the applicant was notified to appear before an administrative separation baord and advised of his rights. 
       
       On 16 June 2010, the administrative separation board met; the applicant appeared with counsel.  The board recommended separation from the Army with a general, under honorable conditions discharge and that the applicant be barred from reenlisting.  On 1 July 2010, the separation authority approved the findings and recommendations of the board; 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 carefully examining the applicant’s record of service during the period of enlistment under review and the issue 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.  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 his service below that meriting a fully honorable discharge.  
       
       The analyst noted the applicant's issue that he is trying to better himself since he has been out of the U.S. Army, by going to school full-time, and even went to truck driving school as well; he is in the process of searching for a job and has put in 246 applications for jobs and has not been hired yet because of his DD Form 214.  The analyst acknowledges the applicant's successful accomplishments since separation from active duty.  The applicant is to be commended for his efforts.  However, these accomplishments do not provide the Board a basis upon which to grant relief.  The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Further, the analyst considered the applicant’s quality of service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of discharge.  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: 16 December 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 2 June 2011.

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						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
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

XI.  Certification Signature
Approval Authority:



EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board



BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder
?????




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 AR20110011519
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