Applicant Name:  ?????

Application Receipt Date: 2011/07/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that as a prior service member he has been an upstanding citizen since his discharge from the armed services.  He has pursuits of higher education and a career and feels that he is deserving of an upgrade to a full honorable discharge.

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: 101129
Discharge Received: 			   Date: 101221   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: B Battery, 1-7th Field Artillery, 2nd Heavy Brigade Combat Team, 1st Infantry Division, Fort Riley, KS 

Time Lost: AWOL x 1 (100603-100607) for 5 days, the applicant returned to his unit.  Military confinement (101103-101126) for 24 days.  Total time lost was 29 days.

Article 15s (Charges/Dates/Punishment): 100817, wrongfully used marijuana between (100619-100720),forfeiture of $723.00 pay per month for two months, extra duty and restriction for 45 days (FG)

Courts-Martial (Charges/Dates/Punishment): 101103, Summary Court-Martial for wrongfully using marijuana x 2 between (100629-100728) and between (100801-100831).  He was sentenced to forfeiture of $964.00 pay per month for one month and confinement for 30 days.  

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 090415    Current ENL Term: 4 Years  17 weeks
Current ENL Service: 	1 Yrs, 7 Mos, 8 Days ?????
Total Service:  		1 Yrs, 7 Mos, 8 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 13B10 Cannon Crewmember   GT: 115   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

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 29 November 2010, 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 x 2 on or about (100629-100728) and on or about (100801-100831), with a general, under honorable conditions discharge.  He was advised of his rights.  On 30 November 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 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 8 December 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 carefully examining the applicant’s record of service during the period of enlistment under review, the issue and document 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 trust and confidence placed in a Soldier.  The applicant, as a Soldier, 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 diminished the quality of his service below that meriting a fully honorable discharge.  
       
       The analyst noted the applicant's issue that as a prior service member he has been an upstanding citizen since his discharge from the armed services and he has pursuits of higher education and a career and feels that he is deserving of an upgrade to a full honorable discharge.  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.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       Additionally, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or 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.
       
       Therefore, the analyst determined that 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: 27 January 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Mr. George C. Psetas
                10816 US Highway 19 North, Suite 105
                 Port Richey, FL 34668

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 18 July 2011, copy of letter from the law Offices of Psetas, Moore & Tetlow, PA requesting a police clearance from the Pasco Sheriff's Office daated 18 July 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 AR20110015248
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