Applicant Name:  ?????

Application Receipt Date: 2012/05/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he is requesting an upgrade of his discharge to honorable in order to receive the benefits of the GI Bill and attend school.  He is the sole provider for his family of five.  He had good service but the loss of his assistant gunner to suicide took a toll on him as a young Soldier and he had trouble adapting which resulted in bad choices.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   None

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 050210
Discharge Received: 			   Date: 050302   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: Rear Detachment, 1-26 IN Rgt,  Schweinfurt, Germany 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050125, wrongfully used MDMA (ecstasy) (041112), reduction to E-4, forfeiture of $893 for two months (suspended), 45 days of extra duty and restriction (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: 030704    Current ENL Term: 5 Years  ?????
Current ENL Service: 	01 Yrs, 07 Mos, 29 Days ?????
Total Service:  		04 Yrs, 00 Mos, 07 Days ?????
Previous Discharges: 	RA 010226-030703/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 98   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: AGCM, NDSM, GWOTSM, ASR

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 10 February 2005, 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, specifically for wrongfully using MDMA (ecstasy) with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 10 February 2005, the applicant declined legal counsel, was advised of the impact of the discharge action, waived an administrative separation board (was not entitled to have one) and did not submit a statement on his 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 action with a general, under honorable conditions discharge.  
       
       On 22 February 2005, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The applicant's record contains a CID Report dated 28 December 2004.

       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 and the issue he submitted, the analyst determined that the characterization of service is improper because the government introduced into the discharge packet the results of a command directed competence for duty (i.e., fitness for duty) biochemical test.  
       
       The record shows that on 14 November 2004, the applicant was given a command directed urinalysis which was coded as “CO” and he tested positive for MDMA (Ecstasy).  This is limited use information as defined in Army Regulation 600-85.  Use of this information mandates award of an honorable characterization of service.  
       
       The record also indicates that on 25 January 2005, the applicant accepted non-judicial punishment for wrongfully using MDMA (ecstasy) based on that command directed urinalysis. His punishment for this offense was reduction to the grade of E-4, forfeiture of pay in the amount of $893.00 per month for 2 months (suspended) and 45 days of restriction and extra duty.
       
       There is no indication that the command recognized that the “Command Directed Urinalysis” could not be used as the basis for the Article 15 or that they believed the urinalysis was improperly coded “CO.”  
       
       In view of the foregoing, the analyst believes the urinalysis was properly coded “CO,” the Article 15 was improperly based on the limited use evidence, and the discharge was improperly characterized given the introduction of the limited use evidence in the discharge packet.  The analyst concluded that the command was unaware of the implications of the limited use policy and failed to note in the record the urinalysis was improperly coded.  
       
       Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to honorable.  However, the analyst found that 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: 26 October 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: None

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 noted that the government introduced a document into the discharge process revealing the results of a biochemical test coded as “CO” for command directed and that was administered on 14 November 2004.  This is limited use information as defined in AR 600-85.  Use of this information mandates award of a fully honorable discharge.  Accordingly, the Board voted to change the characterization of service to fully honorable.  However, the board found that the reason for discharge was fully supported by the record 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: NA
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




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 AR20120009476
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