Applicant Name:  ?????

Application Receipt Date: 2011/11/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "Request to have my DD 214 upgrade for the following reason.  I entered the military during my time of immaturity and served it honorably.  While in, I served as a Fire Support Specialist under hostile conditions in which I feared for my life while performing duties in Iraq.  While performing duties in Iraq my parents health began to deteriated.  Upon return I informed my chain of command about my parents health conditions and requested to be discharged to care for both of my disabling parents.  In 2005 I received an Article 15 (UCMJ) based on drug abuse.  In 2008 I was reduced in rank, because of the 2005 incident.  In 2008 I was anxious to leave and support my disabling parents and did not read the block 27 & 28 for discharge.  In 2008 I was told I was being charged for missing 2 days of duty and not drug abuse.  Since my return from military duties my role in the community have been limited to care for my parents."

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: 080709
Discharge Received: 			   Date: 080718   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: HHC, 1/5th Cav, Fort Hood, TX 

Time Lost: AWOL x 1 for 4 days (080221-080225), surrendered. 

Article 15s (Charges/Dates/Punishment): 060831, Disrespectful in language towards a noncommissioned officer x 2 (060814 and 060814), disobeying a lawful order (060717), and drunk on duty x 2 (060717 and 060814), reduction to E1; forfeiture of $636.00 pay per month for two months (suspended), extra duty for 30 days; and restriction for 21 days, (CG).

060912, suspension of punishment of forfeiture of $636.00 pay per month for two months was vacated for failure to go at the time prescribed to his appointed place of duty (060905).

070124, Wrongful use of cocaine between (061008 and 061011) and drunk on duty ((061011), forfeitue of $650.00 pay per month for two months; extra duty for 45 days; and restriction for 45 days, (FG).

080204, AWOL (080221-080226), reduction to E1; forfeiture of $673.00 pay per month for two months; 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:  23
Current ENL Date: 051228    Current ENL Term: 03 Years  19 Weeks
Current ENL Service: 	02 Yrs, 07  Mos, 16  Days Includes 15 days of excess leave (080204-080218)
Total Service:  		02 Yrs, 07  Mos, 16  Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 13F10/Fire Support Specialist   GT: 91   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (061019-080106)
Decorations/Awards: ARCOM, NDSM, ICM-w/CS, GWOTSM, ASR, OSR, CAB

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 9 July 2008, 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 being disrespectful in language towards two noncommissioned officers (060814), disobeying a lawful order (060717), failing to go to his appointed place of duty (060905), testing positive for marijuana (060906), testing positive for cocaine (061011), and for going AWOL (080221-080226), with a general, under honorable conditions discharge.  He was advised of his rights.
       
       On 9 July 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions, and did not 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 11 July 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 during the period of enlistment under reveiw, the issue and documents he submitted, the analyst determined that the characterization of service is improper.  
       
       The analyst noted that the government introduced into the discharge packet the results of a biochemical test conducted on 11 October 2006, which was coded “RO” (Rehabilitation) and that was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan.  This is limited use information as defined in AR 600-85 and is protected evidence because the test was administered as part of the applicant’s rehabilitation program.  Use of this information mandates award of a fully honorable characterization of service.  
       
       Accordingly, the analyst recommends to the the board that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.

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: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 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 noted that the government introduced into the discharge packet the results of a biochemical test.  This is limited use information as defined in AR 600-85.  Use of this information mandates award of a fully honorable discharge.  Accordingly, the Board voted to change the characterization of service to fully honorable.  However, the board found that the reason for discharge was fully supported by the record and voted not to change it.  





















        
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
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 AR20110022539
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