Applicant Name:  ?????

Application Receipt Date: 2012/04/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was an Active Duty US Army Soldier from April 2001 until June 2004.  He was separated and received a General Discharge due to a positive urinalysis test, Positive for marijuana.  He did not indulge or continuously abuse the drug. It was a one time occurrence.  Unfortunately that one time occurrence cost him his military career and was the biggest mistake he ever made in his life.  He was dealing with a lot of personal issues that clouded his ability to make sound decisions. 

He had just returned home from a combat tour and was faced with divorce proceedings and the demise of a marriage that he had left intact.  He became very distraught and confused.   He had already been flagged by his unit for not meeting the weight and body fat requirements and his chain of command initiated separation papers to have his service ended.  When his failed urinalysis came back to my unit he was immediately placed on suicide watch at the Army medical center for seven days; although, he hadn’t made any threats against his or anyone’s life and never really understood why that happened. 

 He was confined to a room until his summary court-martial hearing two weeks later.  He was found guilty and immediately stripped of his rank and handcuffed by his 1SG.  He also had to forfeit two thirds pay and was sentenced to an additional 30 days. 

He has moved on with his life and started a new family. He has maintained a solid work history, and integrated well into civilian life.  He is a volunteer basketball coach for youth and also helps with different youth programs to discourage drug use, through his personal testimony.  He is also a High School Sports official, officiating football, basketball, baseball and softball. 

In closing he would ask the Discharge Review Board to upgrade his discharge to Honorable, so he can remove the “Dark Cloud” that looms over his military service.  Having his discharge upgraded would allow him to go to school and use his GI Bill to secure a better future for his family and himself.  He understands he made a mistake which he has paid dearly and humbly for.  However, he would ask for a second chance at a clean slate.

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: 040604
Discharge Received: 			   Date: 040616   Chapter: 14-12c(2)      AR: 635-200
Reason: Misconduct 	   RE:     SPD: JKK   Unit/Location: 3d Battalion, 43d Air Defense Artillery, Fort Bliss, Texas  

Time Lost: None

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

Courts-Martial (Charges/Dates/Punishment): The Summary court-martial noted by the applicant is NIF.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 010424    Current ENL Term: 4 Years  ?????
Current ENL Service: 	3  Yrs, 1 Mos, 23 Days ?????
Total Service:  		3  Yrs, 1 Mos, 23 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92A10 Automated Logistical Specialist   GT: 98   EDU: HS Grad   Overseas: SWA   Combat: Qatar (030222 - 030331) and Kuwait (030401 - 030603)
Decorations/Awards: NDSM, GWOTEM, 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 4 June 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct, commission of a serious offense, for wrongfully using marijuana (040215 - 040316), with an under other than honorable conditions discharge.  He was advised of his rights.  
       
       On 5 June 2004, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions 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 an under other than honorable conditions discharge.  
       
       On 7 June 2004, the separation authority approved the conditional waiver request, 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 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 being absent 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 found no mitigating factors which would merit an upgrade to the applicant's characterization of discharge.  
       
       The analyst determined that the applicant’s discharge was appropriate because his quality of 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.  By abusing illegal drugs, the applicant knowingly risked a military career and diminished his quality of service below that meriting an  honorable discharge.   
       
       The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.   
       
       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 clearly diminished the quality of the applicant's service below that meriting an honorable discharge. 
       
       The applicant contends mitigating circumstances contributed to his misconduct.  Specifically, he claims a pending divorce at home resulted in his discharge.  While the applicant may believe his stress at home was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.
       
       The analyst noted the applicant's issue about his desire to use the benefits of the GI Bill.  However, 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 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.
       
       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: 19 September 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: On-line Application with a self authored statement, 3 letters of support, applicant's resume, VA disability letter, various OMPF discharge documents and a DD Form 214

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: No Change
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 AR20120007390
______________________________________________________________________________


Page 4 of 4 pages