Applicant Name:  ?????

Application Receipt Date: 2012/03/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he made bad choices that led to his discharge.  He is embarrassed; however, he has resolved to make better choices and believes that he has done better.  He hopes that his new and better set of choices would make it easier for the Board to support his application.  He explains that roughly nine years ago, he left the Army embarrassed and ashamed. The embarrassment extended to his father having been a career Infantry Officer; he spent his youth moving from one Army base to another; memories of his friends, his parents’ friends, and his childhood drew from and depended on the small military communities they lived in.  In some way, he gave the first 24 years of his youth to the greater needs of our nation which he is very proud of, and mentions it for context and not mercy.  He had every intention of honoring his friends, our nation, and the rich memories both provided.  He saw his commission as an opportunity to give back through his own service. However, as a young man, he made poor decisions and aligned himself with people he should not have.  He is reminded of his poor decisions every night while watching the news. The peers he was commissioned with are now, or have been, in Iraq and Afghanistan bravely serving our nation.  However, not all of his service was tainted.  He invested his energies into his training and the support of his peers as they prepared together to become junior officers while in his officer basic course.  As a platoon leader, he worked tirelessly for his company and the Soldiers he had the honor of leading.  While he cannot serve alongside these men and women today, he has chosen to invest his energies in another fight.  After his discharge, he began working with troubled youth in residential treatment centers.  That experience led him back to school and recently completed a PhD in Clinical Counseling with a focus on children and adolescents at a university.  He currently works at a cathedral home for children in Wyoming as a clinical therapist with children.  Much of his work involves helping these children work through their mistakes.  He tells them that what is important is what you learn from your mistakes, that we are not defined by our mistakes, and that failure comes only when we stop trying.  He states that those words would be hollow if he had not taken his own advice.  He states that he had drafted this letter nine years ago when he was discharged.  It was then, and is now, important to him to be in a position where he is able to give back, where he can tell the Board of this letter not just through words, but more importantly, through his actions that he learned from early mistakes.  He sincerely hopes that his education and life experiences might be of service to today’s youth.  He expresses his appreciation for the Board’s time in considering his appeal.  He concludes the lessons he learned in the Army, both rich and difficult, continue to guide his life and are hopefully felt by the children he works with and the community he lives in. 

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: 020520   Chapter: 3-13    AR: 600-8-24
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: DFS   Unit/Location: HHD, 553rd Corps Support Battalion, 64th Corps Support Group, 13th COSCOM, Fort Hood, 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: 000107    Current ENL Term: Indefinite Years  ?????
Current ENL Service: 	02 Yrs, 04 Mos, 14 Days ?????
Total Service:  		04 Yrs, 09 Mos, 00 Days ?????
Previous Discharges: 	USAR (970821-000106) / NA
Highest Grade: O-2		Performance Ratings Available: Yes    No 
MOS: 88A (Tranportation General)   GT: NA   EDU: BS   Overseas: None   Combat: None
Decorations/Awards: NDSM; ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: PhD (110805); M.S.Ed (080509); National Certified Counselor (111031); CSI (060907); Licensed Provisional Professional Counselor

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 16 January 2002, the applicant was charged with wrongful use of cocaine x 2 (011102) and (011108); and wrongful use of 2,4-Methylenedioxymethamphetamine (MDMA) (010701-011120).  
       
       On 18 March 2002, the applicant consulted with legal counsel and voluntarily tendered his resignation from the Army in writing, under the provisions of Chapter 3, AR 600-8-24, for the good of the Service in lieu of trial by a court-martial or a board of officers.  The applicant indicated he understood that he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veteran’s benefits.  The chain of command recommended approval of the resignation for the good of the Service with issuance of an under other than honorable conditions discharge.  
       
       A subsequent Ad Hoc Review Board recommended that the applicant’s resignation be accepted with issuance of an under other than honorable conditions discharge.  
       
       On 26 April 2002, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed that the applicant’s discharge with a characterization of service of under other than honorable conditions. 

       b.  Legal Basis for Separation:  
       Army regulation 600-8-24 prescribes the policies and procedures governing the transfer and discharge of Army officer personnel.  Chapter 3, paragraph 3-13 outlines the rules for processing requests for resignation for the good of the Service in lieu of trial by a general court-martial.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the term of service under review and the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The evidence of record shows that the applicant was charged with the commission of offenses punishable under the Uniform Code of Military Justice with a punitive discharge.  The applicant voluntarily requested resignation in lieu of trial by general court-martial under the provisions of Chapter 3, AR 600-8-24.  The appropriate authority approved the applicant's request and issuance of an under other than honorable conditions characterization of service.  The analyst noted that the incidents of misconduct were discrediting entries which constituted a departure from the standards of conduct expected of Soldiers in the Army.  The analyst having examined all the circumstances determined that the applicant's incidents of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  These incidents of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable or general, under honorable conditions discharge.  
       
       The analyst also noted that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.
       
       Furthermore, the analyst acknowledges the applicant's in service accomplishments as stated in his application.  However, the analyst did not find the said issue sufficiently mitigating to warrant an upgrade of the discharge under review.
       
       The analyst also acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined with the application and in the documents 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.  
       
       In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service remain both, proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 17 August 2012         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated 19 March 2012; DD Form 214 for service under current review; Self-authored statement; Letters of Support x 2, dated 6 February 2002 and 19 March 2002; DA Form 1059 (Service School Academic Evaluation Report), dated 9 June 2000; OER Support Form, dated 15 October 2001; Recommendation for Award, dted 10 April 2001; OER for Change of Rater (20000610-20001215); PhD Certificate, dated 5 August 2011; MSc Certificate, dated 9 May 2008; National Certified Counselor Certificate, dated 31 October 2011; CSI Certificate of Membership, dated 7 September 2006; Provisional Professional Counselor License.




















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 2    No change 3
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 AR20120006081
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