Applicant Name:  ?????

Application Receipt Date: 2012/01/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I was enlisted in the United States Army for over 6 years. The reason I was discharged was for use of marijuana. I was stationed over in Germany with the 173rd airborne unit. We deployed to Afghanistan in November of 2009 and before we went we had a 100 percent urinalyses. My mother passed away months before that which is the reason I started smoking marijuana. I had a very rough time dealing with her death and it made me want to give up on life so I started smoking and I almost went AWOL. The results of the urinalyses came back in December of 2009 and I received and Article 15 in January 2010. Punishment for the Article 15 was demotion from sergeant E5 to specialist E4, half of 2 months pay, 45 days extra duty and red flag. When I was read the Article 15 from my commander I was told I would not be getting discharged but, I would have to take drug tests on dates of their request. 6 months after my punishment I went home for R and R from Afghanistan and when I returned I was told I would have to get a chapter physical but, it was for only if I got in trouble again. 2 months after that I was separated from the Army with a General discharge. The reason I am asking to get my discharge upgraded from general to honorable is because I have stayed out of trouble since then and I am going to school at the Art Institute. I served my country with over 6 years of active duty and 2 deployments. One to Iraq and the other to Afghanistan. I know what I did was wrong but, I was properly punished and I don't want to feel like everything i went through was for nothing."

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: 100813   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: HHC, 4th Bn, 319th FA Rgt, Bamberg, GE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100102, Wrongful use of marijuana between (091004 and 091104), reduction to E4; forfeiture of $1,149.00 pay per month for 2 months; and extra duty for 45 days, (FG).

Courts-Martial (Charges/Dates/Punishment): ?????

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 070130    Current ENL Term: 06 Years  ?????
Current ENL Service: 	03 Yrs, 06  Mos, 14  Days ?????
Total Service:  		06 Yrs, 03  Mos, 29  Days ?????
Previous Discharges: 	RA-040415-070130/HD
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 25Q10/Multich Trans Op/Mnt   GT: 98   EDU: HS Grad   Overseas: Germany, Southwest Asia   Combat: Iraq (070102-080326), Afghanistan (dates NIF)
Decorations/Awards: ARCOM, AGCM, NDSM, ACM-w/2CS, ICM-w/CS, GWOTEM,  NOPDR, ASR, OSR, NM

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant states that he is attending the Art Institute.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant's record does not contain the entire notification memorandum indicating the reason for the contemplated action to separate him from the Army.  However, page two of the notification document shows that the applicant was advised of his rights.  
       
       On 3 June 2010, the applicant acknowledged receipt of the foregoing notice from his commander that informed him of the basis for the contemplated action to separated him under the provisions of Chapter 14, paragraph 14-12c, AR 635-200 and of the rights available to him.  
       
       On 14 June 2010, 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 submitted a statement in his own behalf.  
       
       On 16 June 2010, the unit commander indicated that the applicant was being processed for separation from the Army under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense for the wrongful use of marijuana (091004-091104) and recommended the applicant's discharge prior  to the expiration of his term of service.  A characterization of service was not included in the recommendation.
       
       The intermediate commanders reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 23 June 2010, the Chapter 14-12c Transmittal Form, makes reference to a conditional waiver submitted by the applicant in which he acknowledges that he was being contemplated for an under other than honorable condition discharge.  In this same document, the applicant indicated that he waived his right to an administrative separation board contingent upon receiving a characterization of service no less favorable than general, under honorable conditions.  The applicant's chain of command recommended acceptance of the conditional waiver.
       
       On 16 July 2010, the separation authority approved the applicant's condition waiver, waived further rehabilitation, and directed his discharge with a characterization of service of general, under honorable conditions.
       
       The applicant's record contains a Military Police Report, dated 15 December 2009.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 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 issues, and the 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 special trust and confidence placed in a non-commissioned officer (NCO).  The applicant, as a NCO, 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 the misconduct diminished the quality of service below that meriting a fully honorable discharge.  
       
       The analyst acknowledges the applicant's successful transition to civilian life and noted the 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.  
       
       The analyst noted the applicant’s issue and determined that he had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.
       
       Furthermore, 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.  
       
       Further, the record of evidence does not demonstrate that he sought relief through the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, Inspector General’s Office and other resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  
       
       In view of the foregoing, 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: 6 June 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application 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 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: NA
Other: NA
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 AR20120000731
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