Applicant Name:  ?????

Application Receipt Date: 2012/11/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to honorable.  He contends his discharge was inequitable because it was based on an isolated incident during 40 months of service with no other adverse action.  He further contends he self enrolled in the Army Substance Abuse Program (ASAP) for treatment because his command just wanted to separate him from military service; and was unable to finish treatment due to him being separated early.  He also contends he has refrained from using illegal substances.    

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: 120319
Discharge Received: 			   Date: 120501   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: B Co, 1-38th Infantry Regiment, Joint Base Lewis-McChord, WA  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 120228, wrongfully used marijuana (111206-120106); reduction to E-1, forfeiture of $745 pay x 2 months, extra duty for 45 days and restriction for 45 days, (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 090113    Current ENL Term: 04 Years  17 Weeks
Current ENL Service: 	03  Yrs, 03  Mos, 19  Days ?????
Total Service:  		03  Yrs, 03  Mos, 19  Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 109   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (090913-100817)
Decorations/Awards: ARCOM, AAM, NDSM, ICM-W/CS, GWOTSM, ASR, OSR

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 19 March 2012, 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 (111206-120106), with a general, under honorable conditions discharge.  He was advised of his rights.
       
       On 28 March 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board (although the applicant was not entitled to a board) and indicated he would 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 with a general, under honorable conditions discharge. 
       
       On 13 April 2012, 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 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 issues and document 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.  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 the quality of his service below that meriting an honorable discharge.
       
       The applicant contends his discharge was inequitable because it was based on an isolated incident during 40 months of service with no other adverse action.  Although an isolated incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by an isolated incident provides the basis for a characterization.  
       
       The analyst having examined all the circumstances determined that the applicant's isolated incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  This isolated incident of misconduct clearly diminished the quality of the applicant's service below that meriting an honorable discharge. 
       The applicant further contends he self enrolled in ASAP for treatment because his command just wanted to separate him from military service; and was unable to finish treatment due to him being separated early.  The analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   
       
       Further, the applicant bears the burden of  the presentation of substantial and credible evidence to support his contention.  There is no evidence in the record, nor has the applicant produced any evidence to support the contention he was to complete ASAP prior to being discharged.
       
       The applicant also contends he has refrained from illegal substances.  The applicant is to be commended for his effort.  However, this contention is not a matter which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion relating to the discharge process. 
       
       Therefore, the analyst determined that 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: 3 April 2013         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (121113); and a DD Form 214, dated (120501).

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 Discussion and Recommendation which follows, the Board determined the discharge to be 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: None

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 AR20120022304
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