Applicant Name: Application Receipt Date: 2009/05/21 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and supporting documents submitted by applicant. 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: 050208 Discharge Received: Date: 050223 Chapter: 14-12c AR: 635-200 Reason: Misconduct RE: SPD: JKQ Unit/Location: Headquarters and Headquarters Troop, 2d Squadron, Fort Carson, Colorado Time Lost: None Article 15s (Charges/Dates/Punishment): 040812, wrongfully use marijuana (040606-040706); reduction to E1; forfeiture of $597.00 pay for 2 months, suspended to be automatically remitted if not vacated before (050209); extra duty for 45 days; restricted to the limits of Fort Carson, CO for 45 days (FG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 18 Current ENL Date: 020312 Current ENL Term: 4 Years ????? Current ENL Service: 2 Yrs, 11Mos, 11Days ????? Total Service: 2 Yrs, 11Mos, 11Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 88M10/Motor Transport Operator GT: 100 EDU: HS Grad Overseas: Kuwait, Iraq Combat: Kuwait/Iraq (20030328-20040328)(Inclusive) Decorations/Awards: NDSM, GWOTEM, GWOTSM, OS Svc Bar (2), ASR V. Post-Discharge Activity City, State: Post Service Accomplishments: Applicant states he is currently receiving treatment from the VA for medical issues and holds a full time job with an optical company. Applicant further states his life has turned around due to proper medical treatment. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 04 February 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12c, AR 635-200, by reason of misconduct, for commission of a serious offense for using marijuana (040606-040706), with a recommendation of general, under honorable conditions discharge. He was advised of his rights. The applicant waived the opportunity to consult with legal counsel, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 08 February 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service 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, and the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicant’s discharge was appropriate because the quality of the former Soldier’s service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By the misconduct, the applicant diminished the 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. Further, the analyst noted the applicant's issues; however, the analyst noted that the applicant met entrance qualification standards to include age. There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service. Furthermore, the analyst acknowledges the applicant's successful transition to civilian life and noted the diagnosis of PTSD outlined in the documents with his application. However, in review of the applicant’s entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted; the applicant fully understood the difference between right and wrong when he committed the misconduct that caused the unit commander to initiate the separation action. 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: 9 December 2009 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090010015 ______________________________________________________________________________ Page 3 of 3 pages