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 got in trouble with drugs because he was self medicating trying to deal with his PTSD.  He was awarded a 70% disability rating for his PTSD from the Veterans Administration in March 2012.  His father died in March 2009 and he had to take emergency leave from his battalion to bury his father and he was severely depressed and started seeing a psychiatrist in March 2009.  He was diagnosed with a brain aneurysm in May 2009 and had surgery and started using morphine, percocet and cocaine to self medicate for the pain from the surgery, his joint pain and his depression.  He is currently in school at Olympic College and his goal is to become a counselor for people with problems with drugs and alcohol.  He has been clean since his discharge and has not been in any trouble since his discharge.  

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: 110715
Discharge Received: 			   Date: 110822   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: C Company, Warrior Transition Battalion, Madigan Healthcare System, Joint Base Lewis McChord, WA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100713, wrongfully used cocaine on or about (100414); reduction to PFC/E-3, forfeiture of $961.00 pay per month for two months, extra duty and restriction for 45 days (FG)

091013, wrongfully used cocaine between (090823-090825), reduction to SPC/E-4, forfeiture of $1,109.00 pay per month for two months, extra duty and restriction for 45 days (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  37
Current ENL Date: OAD/080221    Current ENL Term: 0 Years  Not to exceed 400 days
Current ENL Service: 	3 Yrs, 6  Mos, 2  Days ?????
Total Service:  		18 Yrs, 11  Mos, 24  Days ?????
Previous Discharges: 	USAR 840420-840423/NA
                                       RA      840424-870423/HD
                                       USAR 870424-890506/NA
                                       ADT    890507-890923/HD
                                       USAR 890924-910413/NA
                                       USAR 910414-980902/NA
                                       USAR 070110-080220/NA
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 92G10 Food Service Oper   GT: NIF   EDU: HS Grad   Overseas: Southwest Asia   Combat: Afghanistan (080428-080830)
Decorations/Awards: ARCOM, NDSM, GWOTSM, ACMw/CS, ASR, AFRMw/M Dev

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated in his issue that he is currently in school at Olympic College and his goal is to become a counselor for people with problems with drugs and alcohol. 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 22 February 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c (2), AR 635-200, by reason of misconduct-abuse of illegal drugs; in that he tested positive for cocaine on (090825) and (100421), with a general, under honorable conditions discharge.  He was advised of his rights. 
       
       On 6 July 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action and stated that on 23 February 2011, he elected to have an administrative separation board and requested an honorable discharge; however, he waived consideration of his case by an administrative separation board and a personal appearance before the board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge. 
       
       He decided that his prior request was no longer in his best interest and understood that waiving his board would likely impact the possible medical retirement as recommended by his Medical Evaluation Board (MEB).  However, the applicant still voluntarily waived his right to a board and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander's reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. 
       
       On 11 August 2011, the separation authority reviewed both the administrative separation packet and the medical evaluation baord proceedings and determined that the Soldier's medical condition was not a direct or a substantial contributing cause of the conduct that led to the recommendation for administrative separation and further determined that there were no other circumstances in the case that would warrant disability processing instead of further processing for administrative separation.  The separation authority directed that the applicant be discharged 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, the issue and document submitted with the application, the analyst the 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 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 his service below that meriting a fully honorable discharge.  
       
       
       The analyst noted the applicant's issue that his father died in March 2009 and he had to take emergency leave from his battalion to bury his father and he was severely depressed and started seeing a psychiatrist in March 2009.  He was diagnosed with a brain aneurysm in May 2009 and had surgery and started using morphine, percocet and cocaine to self medicate for the pain from the surgery, his joint pain and his depression.  There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  
       
       The analyst acknowledges the applicant's successful combat tour in Afghanistan, and noted the accomplishment outlined in his application and the applicant is to be commended for his efforts.  However, in review of the applicant’s entire service record, the analyst found that this accomplishment did not overcome the reason for discharge and the characterization of service granted. 
       
       While the applicant may believe his depression was the underlying cause of his misconduct, the analyst concluded that just because the applicant suffers from PTSD, it does not mean he doesn't know the difference between right and wrong or that he did not have control over his behavior.  There are many Soldiers with the same condition that complete their service successfully.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  
       
       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: 11 July 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149 dated 4 November 2012 in lieu of a DD Form 293; self authored statement dated 11 April 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 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: No Change
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change

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 AR20120007918
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