1.	APPLICANT’S NAME:  

	a.	Application Date:  9 February 2015

	b.	Date Received:  18 February 2015

	c.	Counsel:  None

2.   REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION:  The applicant requests an upgrade of his general, under honorable conditions discharge to honorable.  The applicant states, in effect, he was not aware of Post Traumatic Stress Disorder (PTSD) when he returned from OIF in 2004.  The applicant contends, he was diagnosed with several disabilities and is trying his best to work through them.  The applicant states, he is reaching out for a little help and that he is trying to move forward with his life. 

In a records review conducted at Arlington, Virginia, on 11 September 2015, and by a 5-0 vote, the Board denied the request finding the separation was both proper and equitable.

	(Board member names available upon request.)

3.	DISCHARGE DETAILS:

	a.	Reason/Authority/Codes/Characterization:  Misconduct (Drug Abuse)/AR 635-200, Chapter 14-12c(2)/JKK/RE-4/General, Under Honorable Conditions Discharge.

	b.	Date of Discharge:  7 September 2005

	c.	Separation Facts:  

		(1)	Date of Notification of Intent to Separate:  25 August 2005

		(2)	Basis for Separation:  The applicant tested positive for marijuana on 14 May 2005  

		(3)	Recommended Characterization:  General, Under Honorable Conditions Discharge 

		(4)	Legal Consultation Date:  29 August 2005

		(5)	Administrative Separation Board:  None

		(6)	Separation Decision Date/Characterization:  NIF/General, Under Honorable Conditions Discharge  

4.	SERVICE DETAILS:

	a.	Date/Period of Enlistment:  4 April 2002/4 years

	b.	Age at Enlistment/Education/GT Score:  19 years/HS Graduate/95


	c.	Highest Grade Achieved/MOS/Total Service:  SGT/E-5/13B10, Cannon Crewmember/3 years, 5 months, and 4 days
  
	d.	Prior Service/Characterizations:  None
  
	e.	Overseas Service/Combat Service:  SWA/Iraq (031011-040416)
  
	f.	Awards and Decorations:  ARCOM, AAM, NDSM, NOPDR, GWTEM, GWTSM
  
	g.	Performance Ratings:  None
  
	h.	Disciplinary Action(s)/Evidentiary Record:  Memorandum for Record, dated 13 June 2005, written by CPT M, Subject:  Probable Cause Urinalysis.

Unit commander’s memorandum, undated, reflects the applicant received a FG Article 15 on 
30 June 2005, for wrongful use of marijuana.  His punishment consisted of reduction to Specialist (E-4), forfeiture of $893.00 pay per month for two months, extra duty and restriction for 45 days. 

The applicant received two negative counseling statements, dated 18 April 2005 and 16 August 2005, for failing to report to accountability formation and lack of motivation during physical training.
  
	i.	Lost Time:  None
  
	j.	Diagnosed PTSD/TBI/Behavioral Health:  The unit commander’s memorandum, undated, reflects the applicant received a mental status evaluation; however, the document is not part of the available record.  The applicant was diagnosed with mild TBI and PTSD by the Alexandria Veterans Administration Medical Center in July 2009.

5.	APPLICANT-PROVIDED EVIDENCE:  DD 293, DD Form 214, and Progress Notes, dated 
24 March 2015, from the Alexandria Veterans Administration Medical Center.  Progress Notes reflect the applicant was seeking medical care for symptoms of PTSD and mild TBI.

6.	POST SERVICE ACCOMPLISHMENTS:  The applicant did not submit any with the application.  

7.	REGULATORY CITATION(S):  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.

Paragraph 14-12c(2) terms abuse of illegal drugs as serious misconduct.  It continues; however, by recognizing relevant facts may mitigate the nature of the offense.  Therefore, a single drug abuse offense may be combined with one or more minor disciplinary infractions or incidents of other misconduct and processed for separation under paragraph 14-12a or 14-12b as appropriate.

8.	DISCUSSION OF ISSUE(S):  The applicant seeks relief contending he was diagnosed with several disabilities and is trying his best to work through them.  

The applicant’s record of service, the issues and documents submitted with his application were carefully reviewed.

The applicant, as an NCO, 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 by receiving an Article 15 for violations of the Uniform Code of Military Justice and two negative counseling statements.

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.  

Although the Veterans Administration has granted the applicant service connection for medical conditions the applicant suffered while on active duty, it does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing.  The available medical evidence in the record is void of any indication the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels.  

Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct.  

The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and the applicant was provided full administrative due process.



9.	BOARD ACTION DIRECTED:

	a.	Issue a new DD-214:  		No

	b.	Change Characterization to:  	No Change

	c.	Change Reason to:  			No Change

	d.	SPD/RE Code Change to:  		No Change

	e.	Restoration to Grade:  		NA




Authenticating Official:




COL, US ARMY
Presiding Officer 
Army Discharge Review Board
























Legend:
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	UOTHC - Under Other Than  
FG - Field Grade	IADT – Initial Active Duty Training	RE - Reentry	                Honorable Conditions 	
ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE

AR20150002894


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