Applicant Name:  ?????

Application Receipt Date: 2012/05/07	Prior Review:     Prior Review Date: NA

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I have been recently diagnosed with post traumatic stress disorder.  While I was in the military I admitted myself into counseling for drug and alcohol abuse.  Also I tried to receive counseling for mental health, after returning from Iraq in 2005.  I also received marriage counseling because my wife was afraid for my safety, from others as well as my destructive behavior to myself.  I was told I just had to learn to adjust to life after war.  I am now currently in treatment and realize that I [sic] did not receive the proper treatment for the mental illness that occurred while in the military.  It was detrimental to my life being untreated for this extended time.  I am now receiving psychological and psychiatric treatment.   The medication I am on has tremendously improved my mental state, and I believe that if I was properly treated I would have had a long and prosperous military career.  I have been sober since receiving treatment and life is steadily improving."

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: 070709
Discharge Received: 			   Date: 070926   Chapter: 14-12c(2)      AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: Headquarters and Headquarters Company, 2nd Battalion, 1st Aviation Regiment, Fort Riley, Kansas 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070517, wrongfully used marijuana (070304 – 070404); reduction to E-1; forfeiture of $650 pay for two months; extra duty for 45 days; and written reprimand; (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 041113    Current ENL Term: 6 Years  ?????
Current ENL Service: 	2  Yrs, 10 Mos, 14 Days ?????
Total Service:  		4  Yrs, 7   Mos, 2   Days ?????
Previous Discharges: 	RA 030225 - 041112/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 25U10 Signal Support Systems Specialist    GT: 105   EDU: HS Grad   Overseas: Germany and SWA   Combat: Iraq (040208 - 050214)
Decorations/Awards: ARCOM, NDSM, GWOTEM, GWOTSM, NPDR, ASR, OSRx2, JMUA, MUC, CAB

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 9 July 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Section III,  Paragraph 14-12c(2), AR 635-200, abuse of illegal drugs, for wrongfully using marijuana (070304 - 070404), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 4 August 2007, the applicant consulted 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 17 September 2007, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The record contains a general officer memorandum of reprimand dated, 29 April 2005.

       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 a careful review of all the applicant’s military records during the period of enlistment under review the issue and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade to the applicant's characterization of discharge.  
       
       The analyst determined that the applicant’s discharge was appropriate because his 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 his quality of service below that meriting an honorable discharge.   
       
       The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.   
       
       The analyst noted the PTSD diagnosis from the Veterans Administration and the disability rating granted.  In review of the applicant's entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted; however, there are many Soldiers with the same condition that complete their service successfully.
       
       The analyst found no evidence of arbitrary or capricious actions by the command and 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: 3 October 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293, VA Rating Decision 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 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: 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 AR20120009006
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