Applicant Name: ????? Application Receipt Date: 2011/05/16 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states: "I feel my discharge statues of General Under Honorable is unjust due to the fact that I did serve my country honorably. I had a stellar military record until I was placed in the WTU. I was wrong for abusing alcohol but I did self refer myself to ASAP. I used substances to deal with the pain and stress associated with experiencing combat. I served two combat tours in Iraq totaling over 30 months. Because of my combat tours in Fallujah and Najaf, I was prescribed 14 different medication. I have been in several combat engagements. I cannot count the time I have fired my weapon in combat nor can I count the many times I have had to pick up the bodies of my battle buddies after those combat encounters. I ask that you review my military record and the attachments that I have enclosed and that you correct this unjust discharge statues. I was a great soldier and served my country honorably. Thank you for your time and consideration of this request." 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: 080608 Discharge Received: Date: 080806 Chapter: 9 AR: 635-200 Reason: Drug Rehabilitation Failure RE: SPD: JPC Unit/Location: A Co, WT Warrriors MC, Fort Sill, OK Time Lost: None Article 15s (Charges/Dates/Punishment): 080421, wrongfully used cocaine and marijuana (080119-080219), reduction to E-4, forfeiture of $1,032 for two months, 45 days of extra duty and restriction, oral reprimand (FG) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 25 Current ENL Date: 041217 Current ENL Term: 4 Years ????? Current ENL Service: 03 Yrs, 07Mos, 20Days ????? Total Service: 06 Yrs, 03Mos, 05Days ????? Previous Discharges: RA 020502-041216/HD Highest Grade: E-5 Performance Ratings Available: Yes No MOS: 63H20/Tracked Vehicle Mechanic GT: 101 EDU: HS Grad Overseas: Germany, Kosovo, Iraq Combat: Iraq x 2 (040208-050401 and 060115-061105) Decorations/Awards: ARCOM, AAM-2, ICM-CS, MUC, NDSM, GWOTEM, GWOTSM, AGCM, OSR, ASR V. Post-Discharge Activity City, State: Amarillo, TX Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record indicates that the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP) declared the applicant a rehabilitation failure. On 8 June 2008, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, by reason of drug rehabilitation/ASAP failure for wrongfully using cocaine and marijuana, with a general, under honorable conditions discharges. He was advised of his rights. On 17 June 2008, 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 honorable and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. On 29 July 2008, the separation approved the separation action and directed the applicant’s discharge 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 and outlines the procedures for discharging individuals because of alcohol or other drug abuse. A member who has been referred to the Army Substance Abuse Program (ASAP) for alcohol or drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical. Army policy states that an honorable or general, under honorable conditions discharge is authorized depending on the applicant’s overall record of service. However, an honorable discharge is required if restricted use information is used in the discharge process. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records and the issue and documents he submitted, the analyst determined that the applicant's characterization of service is improper. The evidence of record shows that the applicant consulted with legal counsel and waived his right to an administrative separation board contingent upon receiving an honorable discharge. The analyst noted that he was entitled to have his case reviewed by an administrative separation board because he had over 6 years of total active and reserve military service at the time of initiation of the separation action. An administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects that the applicant did not receive an administrative separation board based on the conditional waiver he submitted nor an honorable characterization of service. Furthermore, denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the characterization of his service is improper. In view of the foregoing, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to fully honorable. However, the narrative reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 25 October 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: 13 attachments, see page 3 of the applicant's submission to the Board. 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 characterization was improper. The evidence of record shows that the applicant had over 6 years of total active and reserve military service at the time of initiation of separation action and was entitled to an administrative separation board. He waived the board contingent upon receiving a characterization of no less than honorable. The record reflects that the applicant did not receive an honorable characterization of service based on the conditional waiver he submitted nor an adminstrative separation board. The Army Discharge Review Board determined that denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the characterization is improper. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. The Board determined that the reason for discharge was proper and equitable and voted not to change it. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 3 No change 2 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: NA Other: NA 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 AR20110010871 ______________________________________________________________________________ Page 1 of 3 pages