Applicant Name:  ?????

Application Receipt Date: 2012/04/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, he made a huge mistake and he can't change it.  He would like to put it behind him and move on with his life.  He does not want this mistake in his past.  He has changed his ways and sought out the proper help that was needed in cleaning up.  He was diagnosed with PTSD and today he is on the right medication.  He is working his way through college to better himself.  He completed over 177 missions while in Iraq and completed his combat tour before making that life changing mistake.

He is hoping that once this mistake is cleared, he will be able to achieve a better career.  His degree is in Accounting with a minor in Business Analysis.  Throughout his military career, he has never made any mistakes until this one.   He has always performed at his best.  His company commander wanted him to remain in the military but after returning from lraq, he began having flashbacks and nightmares.  He didn’t know what else to do so he turned to alcohol.  He began drinking until he would black-out because he couldn't sleep or stay asleep.  During one of those heavy drinking nights, he blacked-out and did cocaine.  He truly does not remember doing it.  Once they came back from leave, they had a drug test.  When he was told that his drug test came back positive he  was shocked.  This is something that has plagued him now for 5 years.

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: 	NIF   Date: 070123
Discharge Received: 			   Date: 070417   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: Headquarters and Headquarters Troop, 1st Squadron, 33rd Cavalry Regiment, Fort Campbell, KY. 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 061101, wrongfully used cocaine, reduction to E-4, forfeiture of $1,201.00 pay per month for one month (suspended), and extra duty for 45 days. (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  33
Current ENL Date: 041102    Current ENL Term: 03 Years  14 weeks
Current ENL Service: 	02 Yrs, 05 Mos, 16 Days ?????
Total Service:  		10 Yrs, 10 Mos, 24 Days ?????
Previous Discharges: 	USN-900619-940224/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 19D10 Cavalry Scout   GT: 99   EDU: HS Grad   Overseas: SWA   Combat: Iraq (050920-060828)
Decorations/Awards: ARCOM, AAM, NGCM, NDSM-2, ICM, GWOTSM, ASR, NSSDR-2, CAB, SDB 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant contends that he is attending college.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 23 January 2007, 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 commission of a serious offense, for wrongfully using cocaine and advised the applicant of his rights.  Page 1 of the notification is not contained in the record.    
       
       On 25 January 2007, the applicant waived consulting with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, 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 commanders reviewed the proposed action and recommended approval of the separation with an under other than honorable conditions discharge.  
       
       On 29 March 2007, 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 and the issue and 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 non-commissioned officer (NCO).  The applicant, as a NCO, 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 the misconduct diminished the quality of service below that meriting a fully honorable discharge.
        
            The applicant contends he was diagnosed with PTSD and today he is on the right medication.  After returning from lraq, he began having flashbacks, nightmares, and turned to alcohol to cope and he does not remember using cocaine.  The analyst noted the applicant's contentions; however, the record does not support the issue that the applicant suffers from Post Traumatic Stress Disorder and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.  The record shows that on 13 December 2006,  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.  

             Additionally, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  The 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.
       
       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: 3 August 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293; DD Form 214; a copy of his Navy DD Form 214; an ARCOM, dated 24 May 2006; and CAB orders, dated 24 February 2006; 

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 1    No change 4
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 AR20120007581
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