Applicant Name:  ?????

Application Receipt Date: 2011/11/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "During the first three years of my military service, I completed all training and two consecutive overseas tours, one In Korea and another in Iraq, without a single unfavorable action.  I received several medals for my exemplary performance and was promoted on schedule.  After my tour in Iraq, which was considerably difficult from a personal perspective, I found myself struggling with the readjustment to stateside duty, and unfortunately turned to alcohol to self-medicate.  I am not trying to use that as an excuse for my actions, but it is something to be considered in the larger picture of what happened during my last year of service.  Post- discharge, I sought the help I needed and as a result, I have not had any further issues either of an administrative or punitive nature.  I am moving forward with my life, enrolling in college, and taking the steps to better myself.  I am very proud of my military service, but not necessarily how it ended.  I would like my discharge to be reviewed, and upgraded to honorable, as that would better characterize the larger portion of my service time and the significant contributions l was able to make to the Army mission."

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: 061011
Discharge Received: 			   Date: 070214   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: Headquarters and Headquarters Company, 2d Brigade Support Battalion (Rear) (Provisional), 2d Brigade Combat Team (Rear) (Provisional), 2d Infantry Division, Fort Carson, Colorado 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 051103, wrongfully used cocaine (050914 – 050920); reduction to E-1; forfeiture of $636 pay per month for one month suspended, to be remitted automatically if not vacated before (051120); extra duty for 45 days; restriction for 45 days; (FG).

060829, physically controlled a vehicle, a passenger car, while the alcohol concentration in her blood equaled or exceeded the applicable limit as shown by chemical analysis (060606); willfully disobeyed a lawful order from SGT B, to turn around in order to be cuffed (060606); resisted being apprehended by SGT B, an Army MP, (060515); without proper authority, willfully damaged by physical force a holding cell door of a value about $500.00 or less, military property of the United States, (060515);  assaulted SGT B, who then was and known by the applicant to be a person then having and in the execution of Military Police duties, by kicking him (060515); reduction to E-1; forfeiture of $636 pay per month for two months; restriction for 45 days; extra duty for 45 days; (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 030206    Current ENL Term: 4 Years  ?????
Current ENL Service: 	4  Yrs, 0 Mos, 9 Days ?????
Total Service:  		4  Yrs, 0 Mos, 9 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 88M10 Motor Transport Operator   GT: 104   EDU: HS Grad   Overseas: Korea, SWA   Combat: Iraq (040808 - 050724)
Decorations/Awards: ARCOM, AGCM, NDSM, GWOTSM, KDSM, ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 11 October 2006, 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 wrongfully using cocaine 050914 – 050920); resisting apprehension (060515); damaging by physical force a holding cell door (060515); kicking a military police officer (060515); driving while under the influence of alcohol (060606), with an under other than honorable conditions discharge.  She was advised of her rights. 
        
       The record indicates that, the applicant consulted with legal counsel and voluntarily waived consideration of her case by an administrative separation board, contingent upon receiving a characterization of service of no less favorable than general, under honorable conditions.  The applicant submitted a statement in her 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 with an under other than honorable conditions discharge.  
       
       On 11 December 2006, the separation authority disapproved the conditional waiver request and directed an administrative separation board.
       
       On 12 December 2006, the applicant was notified to appear before an administrative separation board and advised of her rights.  On 16 January 2007, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended the applicant be discharged with issuance of a character of service of general, under honorable conditions.
         
       On 8 February 2007, the separation authority approved the recommendation of the administrative separation board and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The record contains Colorado Department of Public Health and Environment Report.
       
       The record contains an Administrative Reprimand dated, 28 August 2006.
       
       The record contains Military Police Report. 

       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 issue 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 his quality of 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 her quality of 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 acknowledges the applicant’s in-service accomplishments and considered the quality of her service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct and the documented actions under Article 15 of the Uniformed Code of Military Justice.
       
       The applicant contends she was self-medicating; however, 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 her accomplishments outlined 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.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
       
       The analyst noted the applicant's issue about her desire to attend college.  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.
       
       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: 1 June 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 and a DD Form 214.

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: 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 AR20110023432
______________________________________________________________________________


Page 4 of 4 pages