Applicant Name:  ?????

Application Receipt Date: 2011/12/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests that his discharge be changed to general, under honorable conditions so that he can become a police officer.  He has completed one year of criminal justice college courses and intends to earn his BA degree in order to further his career goals.  He ran out of his prescriptions while in the field at Fort Campbell; and began self-medicating with marijuana.  He realized he made a mistake and admitted it at the time.  He served 10 days in the [redacted] County jail as punishment.  He caused no trouble and was always very cooperative and treated his superiors with respect at all times.  He was a good Soldier while deployed and received 5 commendations.  Although his requests were often ignored or not taken seriously he repeatedly sought help through behavioral health.  He feels he was treated unfairly and made an example of because he was caught by the Department of Defense off post so punishment could be handled internally.  He is active in his community and attends veteran’s events, donates items and helps pack care packages for deployed Soldiers.  He admits his mistake, and is sorry for what he did and would change it if he could.

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: 100422
Discharge Received: 			   Date: 100519   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: B Company, 2nd Battalion, 502nd Infantry Regiment, 2nd Brigade Combat Team, 101st Airborne Division (Air Assault), Fort Campbell, Kentucky  

Time Lost: Military confinement x 1 for a total of 10 days (100225 - 100307).

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): 100226, disobeyed a lawful order by wrongfully possessing K2, a synthetic drug (091217); wrongfully used marijuana (091104 - 091204); reduction to E-1; forfeiture of $964 for one month; 10 days of confinement; (SCM).

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 070911    Current ENL Term: 3 Years  17 Weeks
Current ENL Service: 	2  Yrs, 7 Mos, 26 Days ?????
Total Service:  		2  Yrs, 7 Mos, 26 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11C10 Indirect Fire Infantryman   GT: 92   EDU: HS Grad   Overseas: SWA   Combat: Iraq (080411 - 081125)
Decorations/Awards: ARCOM, NDSM, ICM w/CS, GWOTSM, ASR, OSR

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 22 April 2010, 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-abuse of illegal drugs, for being found guilty by summary court-martial (100226), for wrongfully processing K2 and wrongfully using marijuana, with an under other than honorable conditions discharge.  He was advised of his rights.  
       
       On 26 April 2010, the applicant declined his opportunity to consult with legal counsel, was advised of the impact of the discharge action, had voluntarily waived consideration of his case by an Administrative Separation Board as part of plea agreement (100223) in exchange for a summary court-martial instead of a special one, 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 commanders reviewed the proposed action and recommended approval of the separation with an under other than honorable conditions discharge.  
       
       On 5 May 2010, the separation authority waived further rehabilitation and directed the applicant's discharge with a characterization of service of under other than 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 the applicant’s available military records, the issue and documents submitted with the application, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to general, under honorable conditions.  
       
       This recommendation was made after full consideration of the former Soldier’s faithful and honorable service, as well as the record of misconduct.  While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is now inequitable.  
       
       The analyst determined that the overall length and quality of the applicant's service to include his combat service, and his community service mitigated the discrediting entries in his service record.  
       
       Accordingly, the analyst recommends to the Board that the applicant’s characterization be upgraded to general, under honorable conditions.  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: 30 May 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 149 with a self-authored statement titled ST's Army History, various character and letters of support, various medical documents, 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 characterization of service was too harsh based on the applicant’s length and quality of his service to include his combat service and and his community service and as a result it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined that the reason for discharge was proper and equitable and voted not to change it.  
        
IX.  Board Decision						
Board Vote:  							          	
Character - Change 4    No change 1
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 AR20110024125
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