Applicant Name:  ?????

Application Receipt Date: 2012/03/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she was diagnosed with PTSD and several other mood disorders.  The applicant contends the condition existed before she was discharged and could have altered her behavior.

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: 090327
Discharge Received: 			   Date: 090815   Chapter: 12    AR: 135-178
Reason: Misconduct	   RE:     SPD: NA   Unit/Location: A Co, 2-39th Bn, 3rd Bde, 98th Div, Fort Lee, VA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 010822    Current ENL Term: 8 Years  ?????
Current ENL Service: 	07 Yrs, 11 Mos, 24 Days ?????
Total Service:  		07 Yrs, 11 Mos, 24 Days ?????
Previous Discharges: 	USAR 010822-011212/UNC
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 42A20/Human Resources Specialist   GT: 101   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR

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 27 March 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 12, AR 135-178, by reason of misconduct for testing positive for THC (090319), with an under other than honorable conditions discharge.  The unit commander later recommeded a suspension of the separation.  On 31 March 2009, the notification was sent to the Soldier's last known address.  The applicant signed for the notification on 2 April 2009, but never responded to the notification, and therefore has waived all rights afforded by AR 135-178.  On 12 May 2009, the applicant submitted a handwritten letter indicating that she was planning to enroll in a civilian drug and alcohol program, and has not responded to the notification of separation.  The reviewing counsel stated that the separation packet concerning the applicant was legally sufficient and complied with all statues, regulations and policies.
       
       The intermediate commanders reviewed the proposed action and recommended approval of the separation with an under other than honorable conditions discharge.  
       
       On 11 July 2009, the separation authority approved the recommendations of the subordinate commanders and Staff Judge Advocate 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.

       b.  Legal Basis for Separation:  
       Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel from the United States Army Reserve.  Chapter 12 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, and convictions by civil authorities.  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:  
       The evidence of record revealed that the applicant was discharged under the provisions of Chapter 12, Army Regulation 135-178, for misconduct as a result of testing positive for marijuana on two separate occasions.  The analyst also noted the unit commander attempted to contact the applicant on several occasions, without success.  The analyst was satisfied that all requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.
       
       Furthermore, the analyst noted the applicant's issue that she was diagnosed with PTSD in 2012.  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 analyst concluded that just because the applicant suffers from PTSD does not mean she doesn't know the difference between right and wrong or that she did not have control over her behavior.  There are many Soldiers with the same condition that complete their service successfully.
       
         Therefore, the analyst determined the reason for discharge and the characterization of service remains both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 11 July 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated, 31 January 2012, DD Form 214, memorandum to provide medical information dated,  27 August 2007, patient discharge dated, 23 January 2012.

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 too harsh, based on the circumstances surrounding the discharge and the overall length of the applicant's service (7 years, 11 months, and 24 days) and as a result it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  Further, the Board found that the reason for discharge was both proper and equitable and voted not to change it.  This action entails restoration of grade to E-5/SGT.  

        
IX.  Board Decision						
Board Vote:
Character - Change 4    No change 1
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: TO: ARBA Promulgation Team, Arlington, VA                                                             Date: 20 July 2012                

     The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Promulgation Team, Arlington, VA issue a new discharge order to the applicant which reflects the following directed changes:

           ( X  )	Change characterization of discharge to General, Under Honorable Conditions.
           ( X  )	Restoration of grade to SGT/E-5
RE Code: 
Grade Restoration:   No   Yes   Grade: E-5

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 AR20120006354
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