Applicant Name: ????? Application Receipt Date: 2010/09/16 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he would like an upgrade of his discharge in order to receive his veterans benefits and medical care at the Fayetteville VA Medical Center. 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: 100311 Discharge Received: Date: 100617 Chapter: 14-12c (2) AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: HQ & Support Company, 5th Psychological Operations Battalion (Airborne), Fort Bragg, NC Time Lost: None Article 15s (Charges/Dates/Punishment): 100120, wrongfully used marijuana between on or about (091107-091207), reduction to Private (E-1), forfeiture of $723.00 pay per month for 2 months, suspended, to be automatically remitted if not vacated before (100719), extra duty and restriction for 30 days and an Oral Reprimand (FG) 091209, failed to go to his appointed place of duty x 3 (091116), (091117), (091123), reduction to Private First Class (E-3), suspended, to be automatically remitted if not vacated before (090207), forfeiture of $409.00 pay, extra duty and restriction for 14 days and an Oral Reprimand (CG) The suspension of the punishment of reduction of Private First Class (E-3) and forfeiture of $409.00 pay imposed on (091209) was vacated, effective (091223) based on the applicant's offense of wrongfully possessing an unknown quantity of marijuana on (091216). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 19 Current ENL Date: 070717 Current ENL Term: 3 Years ????? Current ENL Service: 2 Yrs, 11 Mos, 1 Days ????? Total Service: 2 Yrs, 11 Mos, 1 Days ????? Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 91B10 Wheeled Vehicle Mech GT: 92 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: 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 9 March 2010, 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 (091207), wrongfully possessed marijuana (091216), absence without leave x 3 (091209), failed to go to his appointed place of duty x 3 (091116), (091117), (091123), and resisted lawful apprehension by the military police. The unit commander recommended separation with an under other than honorable discharge. He was advised of his rights. On 11 March 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge 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 an under other than honorable conditions discharge. On 5 April 2010, the separation approving authority disapproved the conditional waiver and referred the applicant's case to an administrative separation board. On 19 April 2010, the applicant again consulted with legal counsel and waived consideration of his case by an administrative separation board, to include a personal appearance before such a board. On 23 April 2010, the separation authority approved the unconditional waiver and directed that the applicant be discharged with an under other than honorable conditions discharge. 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 he would like to receive his veterans benefits and medical care at the Fayetteville VA Medical Center. Eligibility for veteran's benefits to include medical, and educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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: 20 May 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: na Exhibits Submitted: dd Form 293 dated 7 September 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 AR20100023834 ______________________________________________________________________________ Page 1 of 3 pages