Applicant Name:  ?????

Application Receipt Date: 2012/04/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "In this letter I would like to say I am no way arguing the fact of my innocence for the behavior I displayed to cause me to receive an under [sic] other then honorable discharge.  I only ask that you take into consideration to change my discharge from an (0TH) to an Honorable due to the fact that I had such a great track record before the incident.  I am only writing this letter to convince you that prior to my discharge I was a well rounded determined and motivated Soldier.  The [sic] actions [sic] which caused me to be discharged were those of a young minded immature kid who could not handle the pressures of the situations that led me to use marijuana.  As though the pressure of being at war and not being able to come home for my child’s birth weren’t enough I returned back to my duty station only to find out that I have been put on orders to go to Iraq again with another unit for a minimum of 18 months.  With talking to my superiors I felt at the time that they weren’t handling my situation in a way I thought was best.  With this thinking I made up my mind to do whatever I had to do to not go.  My thinking was irrational and unplanned and caused me to lose one of the best jobs I’ve ever worked."

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: 040622
Discharge Received: 			   Date: 041008   Chapter:   14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: 87th Chemical Company, 4th Squadron, 2d Armored Cavalry Regiment, Fort Polk, Louisiana  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040519, wrongfully used marijuana (040314 – 040413); reduction to E-1; forfeiture of $569 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:  17
Current ENL Date: 000208    Current ENL Term: 5 Years  ?????
Current ENL Service: 	4  Yrs, 8 Mos, 1 Days ?????
Total Service:  		4  Yrs, 8 Mos, 1 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 15S10 OH-58D Helicopter Repairer   GT: 106   EDU: HS Grad   Overseas: SWA   Combat: Iraq (030426 - 040219)
Decorations/Awards: AGCM, NDSM, GWOTEM, GWOTSM, 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 22 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 receiving a Field Grade Article 15 for the wrongful use of marijuana (040519), with an under other than honorable conditions discharge.  He was advised of his rights.  
       
       On 22 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. 
       
       On 24 August 2004, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, and submitted 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 23 September 2004, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of under other than 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 the applicant’s available military records, the issue and documents submitted with the application, the analyst found several mitigating factors which would merit an upgrade of the applicant's characterization of service to general, under honorable conditions.  
       
       The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The analyst found the length of the applicant's service to include his combat service provides a basis of mitigating circumstances.   Additionally, while the applicant's misconduct and poor duty performance were a clear departure from acceptable Army standards, the analyst found that the offenses were partially mitigated by youth and immaturity.  
       
       Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  However, the analyst determined the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. 
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 28 September 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293, letter of support 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 characterization of service was too harsh based on the applicant’s length and quality of his service to include his combat service 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. The Board determined that the reason for discharge was proper and equitable and voted not to change it.  
        
IX.  Board Decision						
	
Board Vote:  							          	
Character - Change 5    No change 0
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 AR20120008567
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