Applicant Name: ????? Application Receipt Date: 2010/06/18 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in affect, that he would like to apologize for his misconduct and going against the Army's rules and regulations. His actions could never fully be justified or taken back. The thought of him having two kids on the way and about to be deployed overseas to fight for his country was unbearable for him at the time. He thought about the situation over and over on how he could protect his fellow battle buddies and himself, having his mind on his kids. That was the question and the answer was he couldn't. Thinking about what he was facing and what he was about to leave behind, he made the wrong choice. His entire outlook on life is different now and he is on the right path. He would like to further his AIT (sic) training in the civilian world in order to better himself for his kids and their futures. 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: 060605 Discharge Received: Date: 060623 Chapter: 14-12c(2) AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: Bravo Company, 82nd Brigade Support Battalion, 505th Parachute Infantry Regiment, 82nd Airborne Division, Fort Bragg, NC Time Lost: Military confinement from (060511-060603) for 23 days, as part of his punishment imposed from a Summary Court-Martial. Article 15s (Charges/Dates/Punishment): 051020, violated a lawful general regulation by wrongfully having a blood alcohol level of .19% during mission cycle on or about (050821), was found drunk on duty on or about (050821), failed to obey a lawful general regulation by wrongfully distributing alcoholic beverages to a person under the age of 21 on or about (050821), and wrongfully used marijuana between on or about (050826-050926), redcution to Private (E-1), forfeiture of $618.00 pay per month for two months, suspended, to be automatically remitted if not vacated before (060420), extra duty and restriction for 45 days (FG) Courts-Martial (Charges/Dates/Punishment): 060511, Summary Court-Martial for wrongfully using marijuana between on or about (060227-060328). He was sentenced to forfeiture of $849.00 pay per month for one month and to be confined for 30 days. Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 23 Current ENL Date: 040908 Current ENL Term: 3 Years ????? Current ENL Service: 1 Yrs, 8 Mos, 23 Days ????? Total Service: 1 Yrs, 8 Mos, 23 Days ????? Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 62B1P Construct Equip Repairer GT: NIF EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, GWOTSM, ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None submitted by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 5 June 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that he wrongfully used marijuana on two separate occasions, 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, 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 7 June 2006, 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 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 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. By the 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. The analyst noted the applicant's issue that the thought of him having two kids on the way and about to be deployed overseas to fight for his country was unbearable for him at the time. While the applicant may believe his kids at home and being deployed away from them was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from the situation through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. 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 March 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 14 June 2010. 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 (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: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change 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 AR20100017062 ______________________________________________________________________________ Page 1 of 3 pages