Applicant Name:  ?????

Application Receipt Date: 2011/12/19	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that there was so much going on when he returned from Iraq that the Soldiers weren't given a chance to be heard or helped by their leaders.  He personally believes that the NCOs who were detached to the rear detachment had their pick of Soldiers they liked and the Soldiers they didn't like, they would start a paper trail on.  He takes responsibility for his actions; however, he feels that he was not taken care of as he should have been as a lower enlisted Soldier who had just returned from Iraq, with no block leave and who was going straight to airborne school.

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: 110223
Discharge Received: 			   Date: 110311   Chapter: 14-12c(2)      AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: Group Service Support Company, Group Support Battalion, 10th Special Forces Group (Airborne), Fort Carson, Colorado  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100825, wrongfully failed to go at the time prescribed to his appointed place of duty (100624), (100623), (100426); willfully disobeyed a lawful order received from SGT L, to return to the 10th SFG (A) dining facility and finish his assigned duties (100426); failed to obey a lawful general order, by wrongfully entering SoDo’s Nightclub (100403); made a false official statement to SGT L, with intent to deceive, "that he had taken his wife to the hospital early in the morning because she had been sick the night prior," (100623); failed to appear in court (100809); reduction to E-2; forfeiture of $398, suspended to be automatically remitted if not vacated by (110221); extra duty for 14 days; and restriction to the limits of Fort Carson for 7 days; (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 080819    Current ENL Term: 3  Years  20 Weeks
Current ENL Service: 	2  Yrs, 6 Mos, 23 Days ?????
Total Service:  		2  Yrs, 6 Mos, 23 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92G1P Food Svc Ops Spc   GT: 102   EDU: HS Grad   Overseas: SWA   Combat: Iraq (091013 - 100310)
Decorations/Awards: 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 23 February 2011, 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 marijuana (100606 – 100706); willfully disobeying a lawful order of a noncommissioned officer (100426); failing to obey a lawful general order (100108); making a false official statement (100623); and for the purpose of characterization failing to report to his appointed place of duty (100623 – 100624); without authority went from his appointed place of duty (100426); failing to appear in court (100809), which conduct is to the prejudice of good order and discipline in the armed forces, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 24 February 2011, 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 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 25 February 2011, the separation authority waived further rehabilitative efforts 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 review the issue and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade to the applicant's characterization of discharge.  
       
       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 his 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 noted the applicant’s contention that junior enlisted Soldiers were not taken care of by their leaders; however, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       Before initiating action to separate the applicant, the command ensured the applicant was appropriately counseled about the deficiencies, which could lead to separation.  The analyst noted the command made an assessment of the applicant's potential for becoming a fully satisfactory Soldier.  The evidence of record established that the applicant was afforded a reasonable opportunity to overcome noted deficiencies.  As the applicant did not subsequently conform to required standards of discipline and performance, the command appropriately determined the applicant did not demonstrate the potential for further military service.
       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: 8 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.  Further, notwithstanding the propriety of the applicant's discharge, the Board determined that the applicant’s narrative reason for the discharge is inequitable based on the circumstances (the separation authority approved a Chapter 14-12c discharge).  The Board voted to correct block 25, separation authority to read “AR 635-200, paragraph 14-12c,” block 26, separation code to read "JKQ," block 27, reentry code to read “3,” and block 28, reason for separation to read “Misconduct (Serious Offense),”  as it was approved by the separation authority.   
        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 3    No change 2
(Board member names available upon request) 


























X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: Misconduct (Serious Offense)
Other: correct block 25, separation authority to read “AR 635-200, paragraph 14-12c,” block 26, separation code to read "JKQ" 
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
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 AR20110024838
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