Applicant Name:  ?????

Application Receipt Date: 2012/02/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he believes that an upgrade of his discharge to honorable is justifiable because he has previous honorable discharge.  Additionally, since his discharge he has earned an Associate of Arts degree and is currently pursuing a bachelor’s degree.  He accepts responsibility for his actions and wants to get a college degree to be able to give back to society.  He provides medical records indicating he was diagnosed with PTSD as a result of his service in Iraq and requests an upgrade of his discharge to honorable as well as a change to the reason for the discharge.

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: 100818
Discharge Received: 			   Date: 100915   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: A Co, 1st Bn, 5th IN Rgt, Fort Wainwright, AK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100615, wrongfully used marijuana (100411-100511), wrongfully used cocaine (100508-100511), wrongfully used ecstasy (100508-100511), wrongfully used methamphetamines (100508-100511); reduction to E-1, forfeiture of $723 for two months (suspended), 45 days of extra duty and restriction (FG)

100812, the suspended sentence of forfeiture of $723 per month for two months was vacated for an additional violation of wrongful use of cocaine (100703-100706)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  27
Current ENL Date: 100311    Current ENL Term: 3 Years  ?????
Current ENL Service: 	00 Yrs, 06 Mos, 06 Days ?????
Total Service:  		04 Yrs, 04 Mos, 26 Days ?????
Previous Discharges: 	RA 060420-100310/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11C10/Indirect Fire Infantryman   GT: 114   EDU: GED   Overseas: SWA, Alaska   Combat: Iraq (080920-090926)
Decorations/Awards: ARCOM, NDSM, ICM-CS, GWOTSM, ASR, OSR-2, CIB, VUA

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 18 August 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—for wrongfully using illegal drugs by testing positive for marijuana, cocaine, methamphetamines, and ecstasy on 11 May 2010 and again testing positive for cocaine on 6 July 2007, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 25 August 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action and did not submit a statement on his 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 with a general, under honorable conditions discharge.  
       
       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 issue, and the 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.  The applicant by violating the Army's policy not to possess or use illegal drugs, compromised the special 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 his misconduct diminished the quality of his service below that meriting a fully honorable discharge.  
       
       The analyst noted the applicant's issues about his desire to get a college degree, obtain Veterans benefits and a job to pay back to society; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Additionally, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       The analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review which included a combat tour.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct and the documented actions under Article 15 of the Uniformed Code of Military Justice.
       
       Furthermore, the analyst noted the PTSD diagnosis submitted with the application.  However, in review of the applicant's entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted.  The record shows that on 6 August 2010, the applicant underwent a mental evaluation which indicates that he was mentally responsible, with thought content as clear, and was able to recognize right from wrong.  The analyst concluded that just because the applicant suffers from PTSD does not mean he doesn't know the difference between right and wrong or that he did not have control over his behavior.  There are many Soldiers with the same condition that complete their service successfully.
       
       The applicant contends that the narrative reason for his discharge should be changed.  However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200 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.  
       
       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: 13 June 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Previous honorable discharge certificate, counseling statements, medical records (PTSD).

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 AR20120004064
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