Applicant Name:  ?????

Application Receipt Date: 2012/04/16	Prior Review:     Prior Review Date: 2011/03/04 Records Review

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I WAS YOUNG AT THE TIME OF INCIDENT AND UNDER A LOT OF PRESSURE AFTER RETURNING FROM IRAQ DUE TO ALL THE HARD SITUATION (sic) I WENT THROUGH WHILE IN A DANGEROUS SITUATION AND I SERVED MY COUNTRY WITH DIGNITY AND RESPECT I FEEL AS UPGRADE SHOULD BE WARRANTED."

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: 090123
Discharge Received: 			   Date: 090219   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: 1st Cavalry Division (Rear) (Provisional), Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 081106, wrongfully used marijuana (080803-080902), reduction to E-1, forfeiture of $673 pay x 2 months,  extra duty for 45 days and an oral reprimand, (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  26
Current ENL Date: 071002    Current ENL Term: 04 Years  block 12a on the DD Form 214 dated entered active duty this period, is incorrect and should read (030211), see initial enlistment contract.
Current ENL Service: 	01  Yrs, 04  Mos, 18  Days ?????
Total Service:  		06  Yrs, 03  Mos, 22 Days ?????
Previous Discharges: 	USAR-021028-030210/NA
                                       RA 030211-051103/HD
                                       RA 051104-071001/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 63B10 Wheeled Vehicle Mechanic   GT: 98   EDU: GED   Overseas: Southwest Asia   Combat: Iraq (040303-050303) and (061001-071101)
Decorations/Awards: AGCM, NDSM, ICM-W/CS, GWOTEM, GWOTSM, ASR, OSR-2, 

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 January 2009, 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, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 26 January 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, the analyst noted that the applicant had over 6 years of total active and reserve military service at the time of initiation of separation action, and was entitled to have his case considered by an administrative separation board; however his election of rights form shows that he neither requested nor waived his right to a 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 commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 2 February 2009, the separation authority waived further rehabilitative efforts 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 a careful review of all the applicant’s military records during the period of enlistment under review, the issues and document submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  
       
       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 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 possessing illegal drugs, the applicant knowingly risked a military career and diminished the quality of his service below that meriting a fully honorable discharge.
       
       The applicant contends he was young at the time of the incident.  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. 
       
       The applicant contends he was under a lot of pressure after returning from Iraq due to the situations he endured.  The record of evidence does not demonstrate that he sought relief from pressure through his command or the numerous Army community services like the Chaplain, 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 applicant also contends he served his country with dignity and respect and feels an upgrade is warranted.  Careful consideration was given to his entire service record, to include his prio service, however; the analyst determined that this service was not sufficiently meritorious to warrant an upgrade of the discharge under review.  
       
       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: 10 September 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: No

Witnesses/Observers: Yes 
Exhibits Submitted: DD Form 293, dated (120413); and a DD Form 214, dated (090219).  The applicant submitted seven pages of additional documents in support of his personal appearance hearing.  

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 the discharge was both proper and equitable and voted to deny relief.  

However, notwithstanding the propriety of the applicant's discharge, the Board determined that the applicant’s narrative reason for the discharge is inequitable based on the circumstances (the separation authority approved a Chapter 14-12c discharge).  The Board voted to change block 25, separation authority to read “AR 635-200, paragraph 14-12c,” block 26, separation code to read "JKQ," and block 27,  reentry eligibility (RE) code to read “3,” and block 28, narrative reason for separation to read "Misconduct (Serious Offense)," as it was approved by the separation authority.   
































 
        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 5    No change 0
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: Misconduct (Serious Offense), under provisions of Chapter14, AR 635-200.
Other: Change block 25, separation authority to “AR 635-200, paragraph 14-12c,” block 26, separation code to "JKQ," and block 27, reentry eligibility (RE) code to “3.”
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 AR20120007632
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