Applicant Name:  ?????

Application Receipt Date: 20121/06/01	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, he was diagnosed with Bipolar Disorder by an Army Psychiatrist and ordered to take paroxetine (Paxil).  This was the wrong medication.  It had been proven to increase Bipolar symptoms.  Side effects include increased risk of bipolar episodes, suicide and self-medicating behavior which is what he was discharged for.  Once out of the Army, he saw a Psychiatrist who took him off the medication and put him on the proper ones and his life has returned to normal.  He is requesting  his discharge be changed to honorable with the words “drug abuse” permanently deleted from his DD 214.

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: 091215
Discharge Received: 			   Date: 100113   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: Headquarters and Medical
Company, U.S. Army Medical Department Activity, Fort Sill, OK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 090914, failed to go to his appointed place of duty at the prescribed time x 6 (090821, 090828, 090828, 090831, 090903, and 090903), reduction to E-3, 14 days extra duty and an oral reprimand. (CG)

091029, wrongfully used marijuana x 2 (090804-090904 and 090810-090910), reduction to E-1, forfeiture of $700.00 pay per month for two months, 45 days extra duty and an oral reprimand. (FG) 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  31
Current ENL Date: 080610    Current ENL Term: 06 Years  ?????
Current ENL Service: 	01 Yrs, 07 Mos, 03 Days ?????
Total Service:  		05 Yrs, 09 Mos, 07 Days ?????
Previous Discharges: 	RA-040407-080609/HD
                                               (Immediate Reenlistment)
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 68K10 Medical Laboratory Specialist   GT: 129   EDU: 13 years   Overseas: None   Combat: None
Decorations/Awards: AAM-2, AGCM, NDSM, GWOTSM, ASR



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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 30 November 2009, 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 abuse of illegal drugs, wrongfully using marijuana x 2 (090804-090904 and 090810-090910), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 15 December 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived his right to an administrative separation board even though he was not enititled to one, 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 December 2009, 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 a careful review of all the applicant’s military records, the issue and documents he submitted, the analyst determined that the characterization of service is improper.  
       
       The analyst noted that the government introduced into the discharge packet the results of a biochemical test conducted on 10 September 2009, which was coded “RO” (Rehabilitation) and that was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan.  This is limited use information as defined in AR 600-85 and is protected evidence because the test was administered as part of the applicant’s rehabilitation program.  Use of this information mandates award of an honorable characterization of service.  
       
       Accordingly, the analyst recommends to the board that the applicant’s characterization of service be upgraded to honorable.    
       
       
       
       Additionally, the analyst noted the applicant's contention that his narrative reason for separation should be changed.  However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c (2), AR 635-200 with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)", and the separation code is "JKK."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation. 
       
       Therefore, the analyst determined the reason for discharge was both proper and equitable and recommends to the Board to deny relief.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 31 October 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293; DD Form 214, medical documents, 4 pages, dated 17 November 2009; and a copy of discharge orders, dated 6 January 2010.

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 that the applicant had self-referred to the Alcohol and Drug Prevention and Control Program for substance abuse.  This is limited use information as defined in AR 600-85.  Use of this information mandates award of an honorable discharge.  Accordingly, the Board voted to change the characterization of service to honorable.  However, the board found that the reason for discharge was fully supported by the record and voted not to change it.

Furthermore, notwithstanding the propriety of the applicant's discharge, the Board determined that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, re-entry code as 3.   In view of the error the Board directed an administrative correction to block 27 to read RE-4, as required by Army Regulations.   









  
        
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




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 AR20120010908
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