Applicant Name:  ?????

Application Receipt Date: 2012/07/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  “During my second deployment to Afghanistan I had anxiety issues due to my first deployment with the 2-87 IN to Afghanistan in 2009 to the Tangi Valley where a 82mm mortar hit 10 meters behind me while I was standing on an 8 ft HESCO causing me to receive shrapnel to my neck, arm and knee, no purple heart was awarded.  A couple of months later I was driving in the lead truck when I was hit by a HME IED completely disabling my truck and knocking me out for a couple of minutes.  Immediately after that I gained the position of team leader and started getting anxiety attacks but due to pride I left them unchecked until I had a 2 seizures and my squad leader forced me to go to the medics where I was diagnosed with post-concussion syndrome and syncope.  The year passed without any other incident until I got to Afghanistan again in 2011, again the anxiety attacks hit me hard but I was refused medical attention by my platoon leader and platoon sergeant due to us being low on man power and the Battalion Commander spreading us unreasonably thin.  So I went on to find hash that was available thru the Afghan Police where I smoked to find some kind of calm to the anxiety.  Shortly after I was called for a urinalysis where I tested positive for THC, finally I could talk to the Brigade psychologist and get help but all he did was give me pills that had a greater effect on me, it worked for the anxiety but I did not like the way it made me feel, slow, sluggish and unable to think as quickly as I could.  I have done everything the Army has asked of me, served my time honorably and have never complained about any tasks my superiors disseminated to me, always got the job done  above standard and was a well liked infantryman with every rank from E1 to O4 that I’ve had the pleasure of working with.  I have since my discharge not smoked any marijuana since the anxiety is not as severe as when I was deployed in 2011.  The reason I want to change my status to Honorable is so I can get back into the workforce, I have never had any trouble with the law but every employer overlooks my application when they see my DD214, which states that I was discharged with a General (Under Honorable) for Misconduct (Drug Abuse).  I hope to hear from the review board on whatever the outcome is.  Thank you for your time."

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: 111028
Discharge Received: 			   Date: 111210   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: HHC, 2d Bn, 18th IN, FOB Kunduz, Afghanistan 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 111011, with intent to deceive made a false statement (110819), wrongfully used marijuana (110718-110819), reduction to E-1, forfeiture of $366 for two months 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:  21
Current ENL Date: 100408    Current ENL Term: 7 Years  ?????
Current ENL Service: 	01 Yrs, 08 Mos, 03 Days ?????
Total Service:  		04 Yrs, 06 Mos, 25 Days ?????
Previous Discharges: 	RA 070516-100407/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 109   EDU: HS Grad   Overseas: SWA, Germany   Combat: Afghanistan  (090101-091128 and again 110403-111115)
Decorations/Awards: AGCM, NDSM, ACM-3, GWOTSM, ASR, OSR, NM-2, CIB

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 28 October 2011, 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—abuse of illegal drugs, for wrongfully using marijuana, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       The applicant’s election of rights documentation is not contained in the available record and the analyst presumed government regularity in the discharge process.  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 5 November 2011, 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 the applicant’s military records, and 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 command directed competence for duty (i.e., fitness for duty) biochemical test.  This is limited use information as defined in AR 600-85.  Use of this information mandates award of an honorable characterization of service.  
       
       The record shows that on 19 August 2011, the applicant was given a command directed urinalysis (CO) and he tested positive for marijuana.  On 11 October 2011, the applicant accepted non-judicial punishment for wrongfully using marijuana and for providing a false statement based on that urinalysis. 
       
       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: 12 December 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application, medical record (1 page).

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 the results of a command directed urinalysis into the discharge process.  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.  



















        
IX.  Board Decision						
Board Vote:
Character - Change 4    No change 1
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:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTH - Under Other Than Honorable 
												Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20120013289
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