Applicant Name:  ?????

Application Receipt Date: 2011/08/20	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "I realize that this is going to be a long shot but I'll do my very best to explain to you what happened. I joined the Army at 17 out of my junior year wanting to go Infantry and then hopefully to Ranger School. I didn't score substantially well on my ASVAB but for some reason I was not allowed to choose any kind of combat arms as a job. I enjoyed basic training very much and loved the friends I made there and at my duty station; who I'd consider to be better friend's than most of the people from back home.

I was to report to Ft. Hood January 11th 2009 and I did not report until the end of June 2009. This is where I first went wrong; I lost my military mindset and got into a lot of bad habits I partook in before I joined. I returned to Fort Hood and I was so grateful that 1SG thought I was truly a good Soldier and gave me a chance to stay in. I went five months without pay due to an issue that happened when I was AWOL, which is my own fault(basically got dropped from the whole Army's system ie. I did not exist anymore).

During these five months I got in trouble for underage drinking and was referred the ADAPT course and completed the two day class. Afterwords I got in another underage drinking incident and was given another Field Grade Article 15 and it was added onto my AWOL Article.  While doing extra duty I ended up hanging out with the wrong people and fail my drug test. I did receive another Field Grade Article 15 for that. 

I still look up to all of my command and all the NCO's in my platoon. They did what they could to steer me in the right direction and I just couldn't do the right thing when I was off duty. I could give you every one of their contact information and I know they would say the same.

During my time being AWOL I incurred a lot of debt and was very stressed out. I lived in my car  in fear of going to the brig and in fear of showing my face to my parents. I also what put in jail for an ABC law violation and was not taken by MP's do to me not being in the Army's system anymore. I talked to some people and did some research before I finally turned myself in. It was a tremendously stressful time for me and I know things would be different if it had not happened.

Basically what I'm saying is I know that I messed up; I should have been discharged long before I failed that drug test.I just want the chance to prove myself again to the military. I would go through basic and everything else again just to have to chance to show that I can be one of the best Soldiers out there.

Civilian life just isn't for me and the worst thing was to come home to nothing but disappointment from my friend's and family. I've been here in the South for a year and a half and had a few jobs working at automobile dealerships and restaurants. I can't help but think about all the great friends and leaders I had in Texas, even in AIT or basic training. 

What I'm trying to say is, I just want another chance to serve my country and even if this doesn't go through I'm going to do my best to find a way. I owe it to my country and I owe it to the people that supported and believed in me that I selfishly let down when I was younger. I'll do whatever it takes and I will get you whatever references or information you need from me to make this happen."










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: 100208
Discharge Received: 			   Date: 100310   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: 13th Chemical Company, 2nd Chemical Battalion, 48th Chemical Brigade, Fort Hood, TX 

Time Lost: AWOL x 1 (090220-090626) for 127 days; the applicant surrendered to the military authorities at Fort Jackson, SC.

Article 15s (Charges/Dates/Punishment): 090929, wrongfully consumed alcohol while under the legal age of 21 years old (090731), AWOL (090220-090626), reduction to Private (E-1), extra duty and restriction for 45 days (FG)

100129, wrongfully used cocaine between (091017-091116), forfeiture of $723.00 pay per month for two months, extra duty and restriction for 45 days (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 080820    Current ENL Term: 6 Years  25 weeks
Current ENL Service: 	1 Yrs, 2  Mos, 14  Days The net active service this period on the DD Form 214 block 12c is incorrect; should be as annotated above.  The applicant has a period of AWOL that was not shown in block 29.  See Police Desk Blotter dated (090716).
Total Service:  		1 Yrs, 2  Mos, 14  Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 74D10 Chemicl Oper Spec   GT: 114   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM

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 8 February 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 went AWOL from (090220-090626) and tested positive for marijuana and cocaine on (091116), with a general, under honorable conditions discharge. 
       
       He was advised of his rights. 10 February 2010, the applicant waived 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 19 February 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 applicant’s military records, and the issue 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 the misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  
       
       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.  
       
       The analyst noted the applicant's issue that he joined the Army at the age of 17 out of his junior year wanting to go Infantry and then hopefully to Ranger School.  The analyst found that the applicant met entrance qualification standards to include age.  The analyst further found no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.
       
       Further, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       The applicant further contends that he just want another chance to serve his country.  At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment.  
       
       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: 4  April 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 20 August 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 1    No change 4
(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 AR20110019895
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