Applicant Name: ?????
Application Receipt Date: 2011/07/11 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, "Im trying to upgrate my discharge into an Honorable Discharge because the status of my discharge at the moment is under honorable conditions. Im just trying to go to school so i can get my future and career started. I'm trying to get my G.I Bill but my discharge needs to be upgraded.
I learned from lesson. Ever since i got discharged ive been employed and my record is clean. I never get into trouble with authority. I've served in Afghanistan for a year, and i just think i deserve a little percentage for educational benefits. I just want a career so i can get my life together thats all i'm asking for a second chance and a golden opportunity to become successful."
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: 100324
Discharge Received: Date: 100520 Chapter: 14-12c (2) AR: 635-200
Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: Golf Forward Support Company, 2nd Battalion, 77th Field Artillery Regiment, FOB Mehtar Lam, Afghanistan, APO, AE
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 18
Current ENL Date: 080708 Current ENL Term: 3 Years ?????
Current ENL Service: 1 Yrs, 10 Mos, 13 Days ?????
Total Service: 1 Yrs, 10 Mos, 13 Days ?????
Previous Discharges: None
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 91D10 Power Generation Equip Repairer GT: 90 EDU: HS Grad Overseas: Southwest Asia Combat: Afghanistan (090602-100425)
Decorations/Awards: NDSM, GWOTSM, NATOMDL, AFGCMDLw/CS, ASR, OSR
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 16 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-commission of a serious offense/abuse of illegal drugs; in that he tested positive as a result of a command directed chemical analysis for the wrongful use of marijuana between (091111-091210), with a general, under honorable conditions discharge. He was advised of his rights. 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 12 April 2010, 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 applicants military records, the issue and document 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 command directed competence for duty (i.e., fitness for duty) biochemical test. 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 applicants 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.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 13 January 2012 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: NA
Exhibits Submitted: Online application dated 24 June 2011.
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board noted that the government introduced the results of a command directed urinalysis into the discharge process. 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 determined that the reason for discharge was fully supported by the record and voted not to change it.
IX. Board Decision
Board Vote:
Character - Change 5 No change 0
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 AR20110014235
______________________________________________________________________________
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