Applicant Name:  ?????

Application Receipt Date: 2011/07/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that his dishcarge was both improper and inequitable because his chain of command did not give him a fully proper rehabilitation plan by assigning him to a platoon of NCO's and it was unfair for them to place him there.  He was scrutinized everyday to perform at a level of NCO's, that he worked and he was just an E-1/Private. 

The proper standard was to place him in a different company; however, he was placed in a company, but he was turned down because his 1SG forwarded his counseling packet to his new company and they saw his past and turned him down.  He also requested an upgrade so that he could be eligible for VA Benefits; such as the Montgomery GI Bill, VA Healthcare and other invaluable services.  

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: 080919
Discharge Received: 			   Date: 081020   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: C Company, 2/29th Infantry Regiment, Fort Benning, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070913, with intent to deceive, made an official statement to a SGT (070730), reduction to the grade of Private (E-1), forfeiture of $325.00 pay for two months, extra duty and restriction for 45 days, both forfeiture and restriction suspended, to be authomatically remitted if not vacated on or before (080313), (FG)

The suspension of the punishment of forfeiture of $764.00 pay for 2 months imposed on (070622) was vacated, effective date (070712) based on the applicant's offense of failing to go to his appointed place of duty (070626).  

070622, failed to go to his appointed place of duty (070611), with intent to deceive, made an official statement to a SSG which was false x 2 (070611), (070611), failed to obey a lawful order issued by a Colonel (070607), reduction to the grade of Private First Class (E-3), forfeiture of $380.00 pay, extra duty and restriction for 14 days, (forfeiture suspended, to be automatically remitted if not vacated on or before (071222), (CG)

Courts-Martial (Charges/Dates/Punishment): 080820, Summary Court-Martial for wrongfully using marijuana between (080416-080516), wrongfully using marijuana between (080524-080627), wrongfully appropriating the keys to his battalion commander's office, of a value of less than 500.00, the property of the US Army (080325),

unlawfully enter his battalion commander's officer with the intent to commit a criminal offense of interferring with an adverse administrative proceeding (080325), and wrongfully endeavoring to impede an adverse administrative proceeding, by removing documents from a file to be used against him in an administrative chapter separation (080325).  He was sentenced to confinement for 30 days and forfeiture of $449.00 pay.





Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: Reenl/061012    Current ENL Term: 5 Years  ?????
Current ENL Service: 	2 Yrs, 0  Mos, 9  Days ?????
Total Service:  		4 Yrs, 0  Mos, 22  Days ?????
Previous Discharges: 	USAR 040923-040928/NA
                                       RA 040929-061011/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 92   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (050802-060803)
Decorations/Awards: NDSM, GWOTSM, ICM-CS, ASR, CIB

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 17 September 2008, 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 received a Summary Court-Martial for wrongfully using marijuana x 3, house breaking, wrongful appropriation, making false official statements, failing to obey an order or regulation and failing to report. 
       
       The unit commander recommended separation with a general, under honorable conditions discharge.  He was advised of his rights.  On 23 September 2008, 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 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 3 October 2008, 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 applicant’s military records, the issue and documents 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 conducted on 16 February 2010, which was coded “RO” (Rehabilitation) and 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 and is protected evidence because the test was administered as part of the applicant’s rehabilitation program.  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.   
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 7 March 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 11 July 2011, self authored statement undated and a copy of his Official Military personnel File (OMPF).  



























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.  
        
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 AR20110014647
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