Applicant Name:  ?????

Application Receipt Date: 2012/05/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The appplicant states, in effect, that he requests an upgrade to his discharge  He states that his discharge was based on his last few months of service and not on his prior 39 months.  During his first term he moved up in rank quickly and received several awards and decorations.  While in Iraq he sustained a severe injury to his shoulder and back which was followed by two unsuccessful surgeries.  He witnessed several of his fellow soldiers injured and his best friend was killed by suicide bombers.  He sought treatment for his PTSD symptoms.  He was prescribed pain medication and eventually became addicted to the medication.  He states that he has been undergoing treatment and counseling for the past 18 months in a local clinic and is now clean.  Since his discharge life has been very difficult in seeking gainful employment and the financial hardship has been devastating for his family.   

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: 100527
Discharge Received: 			   Date: 100625   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: B Company, 2d Combined Arms Battalion, Fort Bliss, TX 

Time Lost: Confinement for 24 days (100527-100620) military confinement.  Total time lost 24 days.

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): 100519, the applicant entered into a plea agreement after being charged with violating a lawful general regulation by possessing syringes (100218, 100303), possessing a rubber tourniquet (100218), possessing a Budweiser can modified to aid in the processing of heroin (100218), wrongfully used heroin (100218).  The document that would indicate the results of the Court-Martial is not contained in the available record. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 080916    Current ENL Term: 4 Years  ?????
Current ENL Service: 	03 Yrs, 08 Mos, 26 Days ?????
Total Service:  		03 Yrs, 08 Mos, 26 Days ?????
Previous Discharges: 	RA 060906-080915/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B109/Infantryman   GT: 105   EDU: HS Grad   Overseas: SWA   Combat: Iraq (070211-071030)
Decorations/Awards: ARCOM, AGCM, NDSM, ICM-CS, GWOTSM,ASR, CIB 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: Undergoing treatment and counseling for the past 18 months.




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 27 May 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c (2), AR 635-200, by reason of misconduct (Commission of a Serious Offense) for wrongfully using heroin between (100212-100218), leaving his appointed place of duty (100302); failure to go to his appointed place of duty (100303);violated a lawful general regulation by possessing syringes, rubber tourniquet, and a Budweiser can modified to aid in the processing of heroin on or about (100218);  violated a lawful general regulation by possessing syinges on (100303), with an other than honorable conditions discharge.  He was advised of his rights.  
       
       On 10 May 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 an other than honorable conditions discharge.  
       
       On 14 June 2010, the separation authority 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 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, and the issues and documents submitted with the application, the analyst 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.  By the misconduct, the applicant diminished the quality of the former Soldier’s service below that meriting a fully 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 acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the applicant's serious misconduct.
       
       The applicant contends he sought treatment for his PTSD symptoms and sustained a severe injury to his shoulder and back.  However, there is no evidence of record and the applicant has submitted no probative medical evidence that he had a medical problem which rendered him disqualified for further military service and that he was not able to perform his duties, with either medical limitation or medication.  
       
       The analyst noted the applicant's issues about seeking gainful employment and the financial hardship; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
       
       Furthermore, the applicant states that he has been undergoing treatment and counseling for the past 18 months in a local clinic and is now clean.  The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge.  However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service.
       
       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: 12 October 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 and 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 AR20120010377
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