Applicant Name:  ?????

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

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "Upon return from deployment, even though I was seeking help through my chain of command, I received no help for my PTSD.  Even after telling my NCO that I had suicidal thoughts and needed help, they made appointments weeks out and left me to be depressed at terrible lengths of time not knowing how to treat myself.  My friend had given me marijuana which was the only thing helping me at the time.  It may have been wrong, but so is not treating Soldiers upon return from a war zone."

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: 090813
Discharge Received: 			   Date: 090914   Chapter: 14-12c(2)      AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: A Company, 94th Brigade Support Battalion, 4th Brigade Combat Team, 10th Mountain Division (Light Infantry), Fort Polk, Louisiana  

Time Lost: Confinement for a total of 25 days (090724 - 090819).

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

Courts-Martial (Charges/Dates/Punishment): 090724, behaved himself with disrespect toward MAJ CB, a superior commissioned officer, then known by the applicant to be his superior commissioned officer (090712); behaved himself with disrespect toward MAJ CB, a superior commissioned officer, then known by the applicant to be his superior commissioned officer, by placing his feet on MAJ CB’s desk (090712); behaved himself with disrespect toward CPT SM, a superior commissioned officer, then known by the applicant to be his superior commissioned officer (090712); having received a lawful command from CPT SM, to clean up his urine from the floor of the MP station, did, on divers occasions, willfully disobey the same (090712); having received a lawful command from CPT SM, to provide a breath sample to test for alcohol usage, did willfully disobey the same (090712); disrespectful in deportment toward SGT GD, a noncommissioned officer (090614); violated a lawful general regulation by wrongfully providing an adulterated urine sample and/or another substance instead of his urine (090421); found drunk while on duty as a Soldier performing extra duty (090712); wrongfully used marijuana (090608 – 090708); unlawfully struck SPC MR in the face with his fist (090718); on divers occasions drunk and disorderly (090712), (090614) and (090718); forfeiture of two-thirds pay for one month; and 30 days confinement; (Summary). 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  25 
Current ENL Date: 090415    Current ENL Term: 3 Years  ?????
Current ENL Service: 	0  Yrs, 4  Mos, 29  Days ?????
Total Service:  		1  Yrs, 9  Mos, 26  Days ?????
Previous Discharges: 	RA 071023 - 090414/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 88M10 Motor Transport Operator   GT: 113   EDU: HS Grad   Overseas: SWA   Combat: Iraq (080421 - 090105)
Decorations/Awards: ARCOM, NDSM, ICM w/CS, GWOTSM, ASR, OSR, MUC


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 13 August 2009, 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, commission of a serious offense, for disrespecting three superior commissioned officers (090712); disrespecting a noncommissioned officer (090714); providing an adulterated urine sample (090421); being drunk on duty (090712); using marijuana (090608 – 090708); striking SPC R in the face with his fist (090718); being found drunk and disorderly (090712) and (090718), with an under other than honorable conditions discharge.  He was advised of his rights. 
       
       On 14 August 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, 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 an under other than honorable conditions discharge.  
       
       On 3 September 2009, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of as 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 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 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 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 record does not support the issue that the applicant suffers from Post Traumatic Stress Disorder and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition. 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: 17 August 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: On-line Application

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: 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




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 AR20120013067
______________________________________________________________________________


Page 3 of 3 pages