Applicant Name: ????? Application Receipt Date: 2011/08/01 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states "During my time in service I made several mistakes. I made a foolish decision when my grandmother passed away and was denied leave by my commanding officer. I am not justifying my choices, but am asking for another chance to make my life whole. I have served after the fact and served honorably, but I am searching for a way to correct my past so that I can continue to better the life that I provide for my family. Thank you for taking the time to review my case." 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: 030730 Discharge Received: Date: 040206 Chapter: 14-12c AR: 635-200 Reason: Misconduct RE: SPD: JKQ Unit/Location: HQ & HQ Company, 2/35th Infantry Battalion, 3rd Brigade, Schofield Barracks, HI Time Lost: AWOL x 1 (031223-040121) for 29 days. The applicant returned to his unit. Article 15s (Charges/Dates/Punishment): 030721, wrongfully used marijuana between (030516-030616), reduction to the grade of Private (E-1), forfeiture of $575.00 pay per month for two months, extra duty and restriction for 45 days, suspended, to be automatically remitted if not vacated before (020904), (FG) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 19 Current ENL Date: 010822 Current ENL Term: 3 Years ????? Current ENL Service: 2 Yrs, 4 Mos, 15 Days ????? Total Service: 4 Yrs, 11 Mos, 18 Days ????? Previous Discharges: USAR 990119-000530NA ADT 000531-000803/HD USAR 000804-010821/NA Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 92G10 Food Service Spec GT: 122 EDU: HS Grad Overseas: Hawaii (010708-040206) Combat: None Decorations/Awards: ARCOM, NDSM, ASR, OSR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: The appplicant joined the Alabama National Guard, received an honorable discharge and enlisted in the Regular Army for 3 years, 4 months, and 2 days and was discharged for parenthood with an honorable characterization of service. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 30 July 2003, 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 between (030516-030616), with a general, under honorable conditions discharge. He was advised of his rights. On 31 July 2003, the applicant waived legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 14 August 2003, the intermediate commander reviewed the proposed discharge action; and indicated if discharged, recommend approval of the separation action with a general, under honorable conditions discharge and he further recommended that the discharge action be suspended for 6 months and to be automatically remitted if not sooner vacated. (Not to exceed 6 months). On 14 August 2003, the separation authority suspended the discharge action for 6 months. On 10 December 2003, the applicant was notified of intent to vacate the suspension of the approved separation action by reason of commission of a serious offense; in that he wrongfully used marijuana between (031028-031126) and was advised of his rights. On 10 December 2003, the applicant waived legal counsel and did not submit a statement in his own behalf. On 30 December 2003, the separation authority vacated the suspension of the approved separation; 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 he made a foolish decision when his grandmother passed away and he was denied leave by his commanding officer and he is now searching for a way to correct his past so that he can continue to better the life that he provides for his family While the applicant may believe the death of his grandmother and the denying of leave by his commanding officer was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from this situation through his chain of 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. Further, the analyst found no evidence of arbitrary or capricious actions by the command. The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Additionally, the the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 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: 17 February 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: Online application dated 26 July 2011. 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 Board Vote: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed 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 XI. Certification Signature Approval Authority: EDGAR J. YANGER Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder 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 AR20110015487 ______________________________________________________________________________ Page 1 of 4 pages