Applicant Name:  ?????

Application Receipt Date: 2011/09/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "I am writing to you at this time so that you may grant my request to upgrade my discharge from General/Under Honorable Conditions to Honorable.  I joined the Army after not knowing what I wanted years after high school but to make something successful of myself. I told my parents I “woke up and smelled the coffee”. They were worried, but very proud of me and my decision to become an “American Soldier”.  Basic at Ft. Benning was hard, but the first major successful accomplishment of my life. Carrying the 2 rucksacks (mine and his) those last miles for my buddy so he could finish, was something I never would have done before, but would do over again in a minute, without thinking. I was a true Infantryman, I earned my cords.  I went to Iraq with my unit, many for their third tour, and this my first time in combat, and seeing some of my buddies die. I was asked to perform many new duties, and accepted the assignments.  I was involved in several IED incidents, one where vehicle flipped over, I was knocked out suffering concussions and blacking out many times after that.  My attitude began to change, I was showing anger, questioning why instead of yes sir, and fighting.  I accept full responsibility and guilt for my actions and also believe there were ongoing medical reasons that may have contributed to and caused my actions and reactions.  I am now a married man, with a beautiful 14 month old daughter, just learning to walk and talk. I owe it to her to seek to become the best I can be, an Honorable Veteran, with a bright future.    Thank you for considering my request."

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: 070803
Discharge Received: 			   Date: 080319   Chapter: 14-12c    AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: A Co, 3-69 AR Rgt, Camp Blue Diamond, AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070616, selling government property without proper authority, wrongfully used a controlled substance, reduction to E-1, forfeiture of $650 for two months, 45 days of extra duty and restriction.  Per a commander’s memorandum contained in the OMPF (FG)

Courts-Martial (Charges/Dates/Punishment): 080108, disrespecting an NCO (071024), offering violence with a knife to a Specialist, communicated a threat to a Specialist; forfeiture of $867 and confinement for 30 days (SCM)

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 061102    Current ENL Term: 3 Years  ?????
Current ENL Service: 	01 Yrs, 04 Mos, 18 Days ?????
Total Service:  		01 Yrs, 08 Mos, 10 Days ?????
Previous Discharges: 	ARNG 060511-061101/HD
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 89   EDU: HS Grad   Overseas: SWA, Germany   Combat: Iraq (070115-080210)
Decorations/Awards: NDSM, ICM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Miramar, FL
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 3 August 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct—commission of a serious offense for testing positive for wrongfully using cocaine (071218), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 3 August 2007, the applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his behalf.  The unit commander subsequently recommended separation from the Army 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 2 February 2008, the separation authority waived further rehabilitation and directed the applicant’s discharge 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 issues and documents 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.  By his repeated incidents of serious misconduct which included testing positive for wrongful use of cocaine, the applicant diminished the quality of his service below that meriting the award of an honorable discharge.  
       
       The applicant contends that he had good service; however, the applicant’s record indicates his service was marred by a Field Grade Article 15 and a Summary Court-Martial for multiple violations of the Uniform Code of Military Justice which included selling government property without authority, wrongfully using a controlled substance, disrespecting an NCO, offering violence with a knife to a Soldier and communicating a threat to a Specialist.
       
       The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  
       
       Further, the applicant contends that he was suffering from a medical condition caused by an IED that made him angry and caused him to want to fight all the time.  However, the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  Moreover, the record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.
         
       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 March 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Three character reference letters, a certificate of achievement, a Broward Court document, and a DD Form 214 (worksheet).

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: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

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 AR20110019428
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