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 requesting an upgrade in my discharge to honorable for the following reasons: In the year and a half that I have been discharged from the Army I have applied numerous times at various locations for employment and have been denied by all.  It seems that the characterization of my discharge is what's prohibiting me from being hired by employers.  The characterization of my discharge is also causing me to be unqualified to receive financial aid such as unemployment benefits in the state of Georgia which is where I reside now.  I have a wife and a daughter whom I love very much and it's been very hard on our marriage knowing that I can't provide form my family like I need to be.  I have kept my head up and stayed out of trouble throughout this whole ordeal and I only wish that you review my application and reconsider the status of my 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: 100210
Discharge Received: 			   Date: 100311   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: D Co, 123d Avn Regt, Fort Wainwright, AK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 091230, Wrongful use of marijuana x 2 between (091002 and 091102 and 091103 and 091130); reduction to E1; forfeiture of $699.00 per month for 2 months ($350.00 suspended); extra duty for 45 days; and restriction for 45 days, (FG).

100127, suspension of punishment of forfeiture of $350.00 pay per month for two months was vacated for failure to go at the time prescribed to his appointed place of duty (100101).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 070710    Current ENL Term: 04 Years  ?????
Current ENL Service: 	02 Yrs, 08  Mos, 02 Days ?????
Total Service:  		02 Yrs, 08  Mos, 02 Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 92F10/Petroleum Supply Specialist   GT: 90   EDU: HS Grad   Overseas: Southwest Asia, Alaska   Combat: Iraq (080719-090719)
Decorations/Awards: NDSM, ICM-w/CS, GWOTSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 10 February 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct—abuse of illegal drugs for having received a Field Grade Article 15 (091230) for the wrongful use of marijuana and for having tested positive for marijuana (100104), with a general, under honorable conditions discharge.  He was advised of his rights.
       
       On 26 February 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 24 February 2010, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The applicant's record contains a Military Police Report, dated 24 November 2009.

       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 issues, and documents submitted with the application, the analyst determined that the discharge was both proper and equitable.
       
       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 service below that meriting a fully honorable discharge.  
       
       The analyst noted the applicant's issues of having problems finding employment because of his current characterization of service.  However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 
       
       Furthermore, 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.
       
       In view of the foregoing, 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: 21 March 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293.

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 AR20110019436
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