Applicant Name:  ?????

Application Receipt Date: 2012/03/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was diagnosed with Post Traumatic Stress Disorder (PTSD).  He contends using marijuana as self medication to lessen the effects of his PTSD.  He further contends being a stellar Soldier in Kosovo and served his country well.

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: 021023
Discharge Received: 			   Date: 021122   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: C Co, 3-7th IN Bn, Fort Stewart, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 020903, wrongfully used marijuana (020523-020624); reduction to E-forfeiture of $552 pay x 1 month (suspended), extra duty for 45 days and restriction for 45 days (FG). 

020613, wrongfully consuming an alcoholic beverage under age 21 (010308); and operating a passenger car while drunk (010308); the punishment received is not annotated in block 4 of the Article 15.

020517, wrongfully used marijuana (020303-020402); reduction to E-2, forfeiture of $619 pay x 1 month (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:  18
Current ENL Date: 000420    Current ENL Term: 03 Years  ?????
Current ENL Service: 	02  Yrs, 07  Mos, 03  Days ?????
Total Service:  		02  Yrs, 07  Mos, 03  Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 118   EDU: GED   Overseas: Kosovo   Combat: None
Decorations/Awards: KCM, ASR, NATO MDL 

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  23 October 2002, 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-commission of a serious offense/abuse of illegal drugs for testing positive for marijuana x 2 (0204020, 020716); consuming alcohol under the age of 21 and operating a vehicle under the influence of alcohol, with an under other than honorable conditions discharge.  He was advised of his rights.  
       On 23 October 2002, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived consideration of his case by an administrative separation board, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  On 1 November 2002, the Staff Judge Advocate, LTC, JA, indicated in his memorandum that the applicant's chain of command recommended approval of the applicant's unconditional waiver  with an under other than honorable conditions discharge.  
        
       On 1 November 2002, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of under other than honorable conditions.  The applicant was to be reduced to the lowest enlisted rank.
       
       The applicant's record contains a CID  Report of Investigation, dated 5 September 2002.
       
       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 determined that the characterization of service is improper.  
       
       The analyst noted that the government introduced into the discharge packet the results of a biochemical test conducted on 2 August 2002, which was coded “RO” (Rehabilitation) and that it was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan.  This is limited use information as defined in AR 600-85 and is protected evidence because the test was administered as part of the applicant’s rehabilitation program.  Use of this information mandates award of a fully honorable characterization of service.  
       
       Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst found that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.   

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 20 June 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: yes [redacted]

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149, dated (120229); Letter, [redacted] County Mental Health Center, dated (120227); Character Statement, dated (021118); Certificate of Appreciation, dated (020208); and the NATO Medal Certificate, dated (011111).


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 is improper.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.   
        
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
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: No Change
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: None

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 AR20120005370
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