Applicant Name:  ?????

Application Receipt Date: 2011/09/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I was emotionally unprepared to go to Afghanistan after only being home from the year tour in Korea I had a lot of personal issues ‘worrying about my mother and uncle (who just died 7/7/11).  I have not been in any trouble since being discharged.  I am in school and attempting to further my career and my life.  The Army was a way for me to better my life and my circumstances, but I never envisioned being so far away from my family and it caused me to be depressed and have anxiety.  I still have anxiety and depression now and would like the Army’s assistance to help me to cope with my issues.  I believe I was a good Soldier but I lacked some very basic coping skills and that was the reason I declined in my attitude and use of substances.  I am a good person, who is attempting to put the pieces of my life together.  I am only 22 years old and would like to have a career in film production.  Currently I attend the Art Institute of Washington in Arlington. VA.  The program is a three year program and I’m hoping that I can stay focused to complete it.

I have no insurance and do not know if I am eliible to receive medical coverage through the Army.  I was seen several times by a counselor while I was on active duty.  I have a very hard time concentrating and I still hear the airstrike noises during the nights.  My sleeping habits since I have been home are extremely bad.  I wake at night every 30-45 minutes and I sometimes just stare off into space.  I use sleeping aids to help me deal with my sleeplessnes.  I have not been able to maintain any positive relationships since I've been home and this is causing me stress.  At his point I don’t know what to do.  I know this is causing stress on my parents as well.  I have loss so much weight because I can’t eat and nothing seems to teast right since I've been home.  Please help me get my life back together.  I was engaged to be married but the engagement ended after I came home."

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: 100910
Discharge Received: 			   Date: 110204   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: HHC, 2/10th Avn Regt, Fort Drum, NY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 101124, Wrongful appropriation of an IPhone (101029), forfeiture of $337.00 pay per month for one month (suspended); extra duty for 14 days; and oral reprimand, (CG).

100810, Wrongful use of marijuana between (100504 and 100603), reduction to E1; forfeiture of $724.00 pay per month for two months; extra duty for 45 days; restriction for 45 days; and oral reprimand, (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 080820    Current ENL Term: 04 Years  ?????
Current ENL Service: 	02 Yrs, 05  Mos, 15  Days ?????
Total Service:  		02 Yrs, 05  Mos, 15  Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 15P10/Aviation Ops Sp   GT: 101   EDU: 14 Yrs   Overseas: Korea, Southwest Asia   Combat: Afghanistan (101020-110119)
Decorations/Awards:  NDSM, ACM-w/CS, GWTOSM, KDSM, ASR, OSR-2, 

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 September 2010, 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 having wrongfully used marijuana between (100504 and 100603), with a general, under honorable conditions discharge.  He was advised of his rights.
       
       On 9 September 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  On 14 September 2010, the intermediate commander reviewed the proposed discharge action and recommended the applicant be retained on Active Duty and if separated he be separated with a characterization of service of general, under honorable conditions.
       
       On 29 September 2010, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions, that the said discharge be suspended for 12 months (a period not to exceed 12 months) IAW AR 635-200, paragraph 1-18a(1).
       
       On 8 December 2010, the intermediate commander recommed that the suspension of administrative separation, dated 29 September 2010, be vacated and recommended that the applicant receive a characterization of service of general, under honorable conditions.
       
       On 12 December 2010, the separation authority after having reviewed additional evidence of misconduct and the recommendations of the applicant's chain of command, notified the applicant of his intent to vacate the suspension,  dated 29 September 2010, based on the additional misconduct, and to separate him from the Army with a general, under honorable conditions discharge.
       
       On 20 December 2010, the applicant again consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement on his own behalf.  
       
       On 27 December 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 contain a Military Police Report, dated 29 October 2010.

       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 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 misconduct, the applicant diminished the quality of his service below that meriting 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.  
       
       Furthermore, 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 applicant contends that at the time of discharge he was experiencing family issues, depression and anxiety.  The analyst noted the applicant's contentions; however, the record of evidence does not demonstrate that he sought relief from his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.
       
       The evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling, the imposition of non-judicial punishment, and the suspension of his discharge.  The applicant failed to respond appropriately to these efforts.
       
       The analyst noted the applicant's issues concering his medical conditions, however, the record does not support the applicant’s issues, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.
       
       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: 28 March 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: The American Legion
                 1608 K Street, NW
                 Washington, DC  20006-2847

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, Account Statement, Letter from The American Legion, dated 21 September 2011, and DD Form 214 for the period of service under review.

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 2    No change 3
(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 AR20110020436
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