Applicant Name: ????? Application Receipt Date: 2009/09/08 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states: "Change requested because of medical condition." 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: 080401 Discharge Received: Date: 080423 Chapter: 14-12c(2) AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: B Trp, 7/10th Cav, Fort Hood, TX Time Lost: AWOL x 7: 30 days (070422-070521) apprehended; 22 days ( 070522-070612), mode of return unknown; 5 days (070614-070618), mode of return unknown; 2 days (070727-070729), mode of return unknown; 4 days (070804-070807), mode of return unknown; 3 days (070810-070812), mode of return unknown; and 104 days (070814-071126), mode of return unknown. Total time lost 170 days. Article 15s (Charges/Dates/Punishment): 070215, Wrongful use of marijuana between (070105 and 070125), reduction to E1; forfeiture of $650.00 per month for two months; and extra duty and restriction for 45 days, (FG). 070712, AWOL x 3 (070422-070521, 070522-070613, and 070614-070619), and wrongful use of marijuana between (070524 and 070613), forfeiture of $650.00 pay per month for 2 months; and extra duth and restriction for 45 days, (FG). Courts-Martial (Charges/Dates/Punishment): 080131, SCM, AWOL x 3 (070727-070730, 070810-070813, 070814-071127), failure to go at the time prescribed to his appointed place of duty on divers occasions between (070712 and 071128), and disrespectful in deportment towards a noncommissioned officer (070713). Sentence consisted of forfeiture of $867.00 pay for one month; hard labor without confinement for 30 days; and restriction for 30 days. Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 17 Current ENL Date: 050706 Current ENL Term: NIF Years ????? Current ENL Service: 02 Yrs, 03Mos, 29Days ????? Total Service: 02 Yrs, 03Mos, 29Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 92Y10/Unit Supply Spec GT: 87 EDU: GED Overseas: None Combat: None Decorations/Awards: NDSM, ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 1 April 2008, 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 wrongfully using marijuana on three separate occasions; AWOL (070422-070521; 070522-070613; 070614-070619; 070727-070730; 070810-070813; 070814-071127); failure to report on diverse occasions; and disrespect toward an noncommissioned officer, with a general, under honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, 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 14 April 2008, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged 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 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, but a general discharge 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 documents, and the issues he submitted, 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 his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By his misconduct, the applicant diminished the quality of his 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. Furthermore, 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 service below that meriting a fully honorable discharge. The applicant contends that an upgrade in his discharge is requested because of a medical condition, however, the record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition. In view of the foregoing, the analyst determined that the characterization of service and reason for discharge 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: 7 July 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: Yes. Witnesses/Observers: NA Exhibits Submitted: DD Form 214 for period of service under review, Certificate of Completion, dated, 3 February 2006, and Order of the Spur, dated, 15 November 2006. 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 directs ARBA St. Louis to administratively change block 25, "Separation Authority" to "Paragraph 14-12b," block 26, "Separation Code (SPD)" to "JKQ," block 27, Reentry (RE) Code to "3," and block 28, "Narrative Reason For Separation" to "Misconduct (Serious Offense)" as approved by the separation approving authority. Except for the forgoing modifications to the applicant's Separation Authority, Separation Code (SPD), Reentry (RE) Code, and the Narrative Reason For Separation," 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 (Board member names available upon request) 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: Misconduct (Serious Offense) Other: The Board directs that block 25, Separation Authority be administratively changed to "Paragraphs 14-12c," block 26, Separation (SPD) Code to "JKQ," block 27, Reentry (RE) Code to "3," and block 28, "Narrative Reason For Separation" to "Misconduct (Serious Offense)." RE Code: Grade Restoration: No Yes Grade: NA 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 AR20090015682 ______________________________________________________________________________ Page 1 of 4 pages