Applicant Name:  ?????

Application Receipt Date: 2011/10/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable to obtain future employment.  He contends making some immature mistakes.  He further contends suffering from depression.  He desires to rejoin the military.   

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: NIF
Discharge Received: 			   Date: 100505   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: HHC, 3-159th AV Regt, APO AE 09140 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100125, willfully disobeyed a lawful order from a noncommissioned officer (1SG) (091104); willfully disobeyed a lawful order from SPC JM, to return to his vehicle and present indentification (0091102); and violated a lawful general regulation, by wrongfully operating a USAEUR-plated vehicle without possessing a U.S. Forces driver's license on his person (091105); reduction to E-1, forfeiture of $723 pay x 2 months (suspended), extra duty for 45 days 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:  25
Current ENL Date: 090410    Current ENL Term: 05 Years  ?????
Current ENL Service: 	02  Yrs, 05  Mos, 28  Days ?????
Total Service:  		03  Yrs, 06  Mos, 03  Days ?????
Previous Discharges: 	ARNG-061103-070110/NA
                                       IADT-070111-070615/UNC
                                       ARNG-070616-071107/HD
                                       RA-071108-090409/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 15P10 Aviation Operations Spec   GT: 106   EDU: HS Grad   Overseas: Germany/Southwest Asia   Combat: Iraq (080724-090811)
Decorations/Awards: AAM, ICM-W/CS, ASR, OSR

V.  Post-Discharge Activity
City, State:  
Post Service Accomplishments: The applicant stated he has attended AA meetings, anger management, drug and behavioral health groups on a regular basis.  Also, he claims to have acquired certifications in CPR/AED and Basic First Aid for adults, children, and infants, a certified fitness trainer, and finishing a course in Social and Criminal Justice at Ashford University, and made the Dean’s List.  Additionally, he is active in ministerial work and volunteering at local churches. 


VI.  Facts, Circumstances, and Legal Basis for Separation
       a.  Facts and Circumstances:
       The evidence of record shows that on 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-commission of a serious offense for violating the pass policy (080303); violating the pass and stealing gasoline (080410); committing an assault consummated by battery (080525); being arrested for simple assault (091011); being apprehended by MPs for disobedience towards them during a traffic stop (091102); driving while intoxicated, violating pass policy, driving without a license, disobeying lawful order (091105); wrongful possession of 34.4 grams of marijuana (100208); and wrongfully using marijuana (100218), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 8 April 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 action and recommended approval with a general, under honorable conditions discharge. 
        
       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 5 November 2009.  
       
       The applicant's record contains a CID Report of Investigation, dated 11 February 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 a careful review of all the applicant’s military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors that 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 applicant contends he needs a fully honorable discharge to obtain future employment.  The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
       
       The applicant further contends making some immature mistakes.  The applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service. 
       
       The applicant also contends suffering from depression.  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.
       
       The analyst acknowledges the applicant's successful transition to civilian life and noted accomplishments outlined in the document with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.
       
       The applicant desires to rejoin the military.  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 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: 2 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (111003); Letter of Reconsideration 1, undated; Self-Authored Statement, six (6) pages, undated; Page of Bible References; Transcript, Ashford University, three (3) pages, dated (111003); Sacramento Veterans Resource Center, Behavioral Health and AA Meetings, two (2) pages, undated; and a DD Form 214, dated (100505). 

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: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: None

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 AR20110020601
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