Applicant Name:  ?????

Application Receipt Date: 2012/02/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I SERVED 3 MNTHS IN IRAQ, WHERE I WAS EXPOSED TO MORTAR ATTACKS AS WELL AS NEWS OF THE DEATHS OF MY FELLOW SOLDIERS. DUE TO DEPLOYMENT RELATED STRESS AND FEELINGS OF SUICIDE, I USED MARIJUANA TO RELIEVE MY SYPTOMS. I DO NOT FEEL THAT I HAD ADEQUATE TREATMENT WHEN I RETURNED TO BASE, AND I USED IN ORDER TO SELF-MEDICATE. I SERVED MY COUNTRY HONORABLY AND I FEEL THAT AN HONORABLE DISCHARGE IS WARRANTED IN THIS CASE."

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: 110112
Discharge Received: 			   Date: 110217   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: HHT, 4/9th AR, Fort Hood, TX 

Time Lost: AWOL x 2 for 131 days; 103 days (100714-101024), mode of return unknown; 28 days (110121-110217), mode of return unknown.

Article 15s (Charges/Dates/Punishment): 090804, Failure to go at the time prescribed to his appointed place of duty x 3 (090710, 090713, and 090716) and drunk on duty (090716), extra duty for 7 days; restriction for 7 days; (CG).

100616, Wrongful use of marijuana between (100316 and 100414), reduction to E1; forfeiture of $723.00 pay per month for two months (suspended); 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:  24
Current ENL Date: 081231    Current ENL Term: 03 Years  22 Weeks
Current ENL Service: 	01 Yrs, 09  Mos, 09  Days ?????
Total Service:  		01 Yrs, 09  Mos, 09  Days ?????
Previous Discharges: 	None
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: 74D10/Chemical Operations Specialist   GT: 98   EDU: GED   Overseas: Southwest Asia   Combat: Iraq (090912-091221)
Decorations/Awards: NDSM, ICM-w/CS, ASR

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 12 January 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 failing to report to his appointed place of duty on divers occasions between (090710 and 090716)' wrongfully using marijuana (100414), and absent without leave (AWOL) (100714-101025), with a general, under honorable conditions discharge.  He was advised of his rights.
       
       On 12 January 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 the applicant be separated from the United States Army.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.
       
       On 10 February 2011, 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 carefully examining the applicant’s record of service during the period of enlistment under review, the issues, 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 the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By the misconduct, the applicant diminished the quality of his service below that meriting a general, under  honorable conditions or 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. 
       
       Further, 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 the quality of service below that meriting a fully honorable discharge.  
       
       The applicant contends due to deployment related stress and feelings of suicide led him to his use of marijuana and that he did not receive adequate treatment when he returned from deployment.  The analyst noted the applicant contentions; however, while the applicant may believe stress was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.   
       
       
       
       
       Furthermore, the analyst determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.
       
       The analyst acknowledges the Report of Mental Status Evaluation found in the applicant's record, dated           8 November 2010, which shows the applicant was mentally responsible, able to distinguish right from wrong and was able to adhere to the right, and had the mental capacity to understand and participate in any administrative (or judicial) action deemed appropriate by his command at the time of discharge.
       
       There is no evidence of record and the applicant has submitted no probative medical evidence that he had a medical problem which rendered him disqualified for further military service and that he was not able to perform his duties, with either medical limitation or medication.  
       
       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: 22 August 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149, Enlisted Record Brief, Discharge Packet (33 pages), 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 characterization of service was both proper and equitable and voted to deny relief.  

Further, notwithstanding the propriety of the applicant's discharge and on the basis of equity, the Board voted to change the applicant’s reason for discharge, authority, separation code, and reentry code.  The Board directed that block 25, separation authority be changed to AR 635-200, paragraph 14-12c, block 26, separation code be changed to JKQ, block 27, reentry code be changed to 3, and block 28, narrative reason for separation be changed to Misconduct (Serious Offense), as it was approved by the separation authority.   

Except for the foregoing modifications, the Board determined that the discharge was both proper and equitable.














        
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: The Board voted that block 25, separation authority be changed to AR 635-200, paragraph 14-12c, block 26, separation code be changed to JKQ, block 27, reentry code be changed to 3, and block 28, narrative reason for separation be changed to Misconduct (Serious Offense). 
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 AR20120002785
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