Applicant Name:  ?????

Application Receipt Date: 2012/02/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant requests an honorable discharge and states, in effect, that the incident causing the general discharge was not handled correctly by his NCO leadership and brigade leadership.  He was told that if he stayed in the Army his discharge would be honorable and the incident would be forgotten.  His symptoms started and his overdose was the end of September 2008.  The applicant has attached a lengthy self-authored statement that, in pertinent part states, in effect that he was deployed to Mosul, Iraq between the dates of October 2006 to January 2008.  He and his platoon survived many enemy engagements, including fire fights and road side blasts.  He participated in more than 80% of the combat and support missions.  He earned his Army Commendation Medal, Iraq and overseas medals, a combat action badge, and various certificates.  He was also in position to become an E-5 when the next slot opened up.  However, during the last three months of his deployment he became very depressed and angry due to social, family, and combat stressors.  As he began asking for help, his NCO leadership, commanders, and a few fellow Soldiers started pushing him away, treating his problem as a weakness, and not as a serious issue.  Thus, his feelings continued to get worse.  (Note that the applicant continued to detail his PTSD symptoms and issues, and the events and circumstances that occurred prior to and after his redeployment.)  The applicant, in pertinent part, continued his statement in effect, that when the overdose incident began, it continued into the punishment and consequential phases.  He was summoned for possible court martial, but it was later dropped after his brigade and battalion misplaced all files and evidence concerning his case.  It took three months to find the files and to figure out a solution.  The final solution to resolving the incident was that he could get out of his five-year contract earlier with a “General under Honorable Conditions” with no bad record or chapter number, and that it would be changed to Honorable after six months, or he could stay and finish his contract, and the incident and all the paper work of the incident would be stricken from his record and disappear—not to be mentioned again.  He could begin training for an E-5 slot.  His final decision, after thinking for a few days, was to leave early and get back home to restore his mental health and to take care of important family issues, mainly custody of his daughters, and a defaulting home mortgage.  The end result was the “General under Honorable Conditions” with a chapter stating “Drug Abuse” as the reason for his discharge.  He concludes that he deeply feels that due to his case being handled very poorly by his first-line command, all the way up through brigade ranks, that his chapter classification is unjust or maybe a little harsh.  One year after the incident, that lasted approximately two months, he made a complete turn-around, from a horrible mental and physical health, into a very disciplined Soldier once again.  He prays that the Board sincerely takes all matters concerning his position in his case into consideration and change his status to an honorable discharge and his chapter classification to a more positive note, not drug abuse.  He has attached two statements, written by fellow battle buddies, who served with him and witnessed the changes in platoon morale and the incident from beginning to end.

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: 080917
Discharge Received: 			   Date: 081024   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: HHC, 4th Battalion, 6th Infantry Regiment, 4th CBT, 1AD, Fort Bliss, TX 

Time Lost: None

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

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 050722    Current ENL Term: 5 Years  19 Weeks
Current ENL Service: 	03 Yrs, 03 Mos, 03 Days ?????
Total Service:  		03 Yrs, 03 Mos, 03 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 19D (Cavalry Scout)   GT: 105   EDU: HS Grad   Overseas: SWA   Combat: Iraq (061031-071212)
Decorations/Awards: ARCOM; NDSM; ICM-CS; GWOTSM; ASR; OSR; CAB

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 17 September 2008, 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—for wrongful possession of Diazepam, a controlled substance (070927), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 17 September 2008, 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 September 2008, 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 and the issues and documents submitted with the application, the analyst determined that the discharge was both proper and equitable and found no mitigating factors that would merit an upgrade of the applicant's discharge and or a change to the narrative reason for discharge on the applicant's DD Form 214.  
       
       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 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.  Furthermore, the analyst noted that even though a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  The analyst having examined all the circumstances determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  This single incident of misconduct by abusing illegal drugs, the applicant knowingly risked a military career and clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge.
       
       The applicant's contentions that he was unjustly and unfairly discharged were carefully considered.  However, the analyst is unable to determine whether his contentions have merit because of the limited information concerning the facts and circumstances surrounding the substance of his discharge.  The burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the evidence is not available in the official record.  The application to appear before this Board must be received prior to the 15th year anniversary of the applicant’s discharge.
       
       Furthermore, the record does not support the issue that the applicant suffers from Post Traumatic Stress Disorder and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition. 
       
       Regarding the applicant's request to change the reason for his discharge, the applicant was discharged under the provisions of Chapter 14-12c(2), AR 635-200, by reason of misconduct for drug abuse  with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)” and the separation code is "JKK."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.
       
       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.  
       
       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: 27 July 2012         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149, dated 17 February 2012 w/self-authored statement; Supporting Statements, SPC H-J dated 16 February 2012 and Mr. F, dated 16 February 2012; Orders, dated 23 August 2007 (Award); DD Form 214 for current 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 1    No change 4
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 AR20120003703
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