Applicant Name:  ?????

Application Receipt Date: 2012/04/30	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that after returning home from Iraq, he was overwhelmed by the traumatic events that took place and he was mentally unstable with no support systems which eventually led to his patterns of misconduct.  He was mentally incapable of processing these events at such a young age, and with the uncontrollable flashback and terrors, he felt like he couldn’t regain control of himself again.  His sanity and a clear conscious were what he needed the most, and seemed so hard to gain back.  He was not himself anymore.  He had to use deadly force upon others, and he saw deadly force inflicted upon others, including close friends of his.  Unfortunately, he resorted to heavy drinking and drug abuse as an escape, but while he was honoring and serving his country, he put his all into it.  As far as fulfilling his duties as a Soldier, he has done that and earned numerous awards and badges reflecting that.  His state of mind at the time was immature, and he does realize that he should have gone about it in another way.  He just could not get over the fact that what he took with him to Iraq, he would never get it back, which was his peace of mind.     

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: 080505
Discharge Received: 			   Date: 080604   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: A Co, 209th AVN SPT BN, 25th Combat AVN BDE, Wheeler Army Airfield, HI. 

Time Lost: AWOL 3 Days (080301-080303)

Article 15s (Charges/Dates/Punishment): 080229, wrongful use of marijuana (071223-080123); reduction to PV1; forfeiture of $673.00 pay for 1 month; extra duty for 45 days; restriction for 45 days, (suspended until 080605) (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 050926    Current ENL Term: 03 Years  20 weeks
Current ENL Service: 	02 Yrs, 08 Mos, 06 Days ?????
Total Service:  		02 Yrs, 08 Mos, 06 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 88M10/Motor Transport Operator   GT: 83   EDU: HS Grad   Overseas: SWA   Combat: Iraq (060724-071010)
Decorations/Awards: ARCOM, NDSM, ICM, GWTSM, ASR, OSR, MUC

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 5 May 2008, 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 for the wrongful use of marijuana between 23 December 2007 and 23 January 2008, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 5 May 2008, the applicant declined the opportunity to consult with legal counsel, was advised of the impact of the discharge action, 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 7 May 2008, 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 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 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 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 the quality of service below that meriting an honorable discharge.  
       
       The applicant alludues to events that occurred in his life during the time of his discharge that in essense equates to Post Traumatic Stress Disorder (PTSD).  However, the record does not support the issue that the applicant suffers from PTSD and the applicant submitted no evidence to support that the discharge was the result of any medical condition.  Furthermore, the analyst noted that 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.
       
            Furthermore, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       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: 7 November 2012         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated, 16 April 2012, DD Form 214, and a copy of discharge orders dated, 20 May 2008.

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: No Change

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
Colonel, U.S. Army
President, Army Discharge Review Board




JOSEPH M. BYERS
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 AR20120008893
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