Applicant Name: ????? Application Receipt Date: 2011/11/04 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, "after returning from Iraq my life was moving very fast. I now had a daughter to care for along with a new bride. At first I sought counseling because I was experiencing nightmares, and was having trouble sleeping. From there my demeanor at home was becoming more and more hostile. After a few sessions at the TMC I was feeling better. I soon discovered I was expecting a son. To help offset bills and other funds I got a local job delivering pizzas. I worked there almost every day after duty. One of the coworkers was an E6. I became somewhat friends with him and soon discovered he was in the business of selling drugs. He offered them to me and I accepted. It was the wrong decision and I am now paying for it every day. I don’t blame anyone but myself, but I did try to make everything better, I worked with CID in stopping this individual, and I attended rehab services from the Army. I knew when I was demoted I had a long way to go to repair my once good reputation. The Brigade Commander eventually decided a few months later that I was to be discharged. I served my country honorably in OIF 2 and was proud of it. Please review this and understand that I was a good Soldier and gave the Army everything I had and was prepared to die for it. I just want to be able to tell my kids I was honorably discharged. Thank you and have a nice day." 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: 060629 Discharge Received: Date: 061110 Chapter: 14-12c(2) AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: Headquarters Service Battery, 2nd Battalion, 11th Field Artillery, 2nd Brigade, 25th Infantry Division, Schofield Barracks, Hawaii Time Lost: None Article 15s (Charges/Dates/Punishment): 060320, wrongfully used cocaine, a controlled substance (060127 - 060202); wrongful previous overindulgence in intoxicating liquor or drugs - incapacitated for the performance of duty (060210); reduction to E-2; forfeiture of $713.00 pay per month for two months, suspended to be automatically remitted if not vacated (060924); extra duty for 45 days; restriction to the limits of the barracks, dining facility, medical facility, place of duty, and place of worship for 45 days, suspended, to be automatically remitted if not vacated (060924); (FG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 22 Current ENL Date: 050418 Current ENL Term: 6 Years ????? Current ENL Service: 0 Yrs, 6 Mos, 12 Days ????? Total Service: 3 Yrs, 7 Mos, 9 Days ????? Previous Discharges: RA 030402 - 050417/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 13D10 Field Artillery Automated Tactical Data System Specialist GT: 117 EDU: HS Grad Overseas: Hawaii, SWA Combat: Iraq (040111 - 050111) Decorations/Awards: ARCOM, NDSM, ICM, GWOTSM, ASR, OSR x 2, CAB V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 29 June 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct, commission of a serious offense, for wrongfully using cocaine, a controlled substance (060127 - 060202), with a general, under honorable conditions discharge. He was advised of his rights. On 29 June 2006, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, unless recommended for an under, other than honorable discharge, 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. The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge. The separation authority waived further rehabilitative efforts 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. 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 during the period of enlistment under review the issue and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade to the applicant's characterization of discharge. The analyst determined that the applicant’s discharge was appropriate because his quality of service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. 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 his quality of 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 acknowledges the applicant’s in-service accomplishments, combat tour of duty and considered the quality of his service during the initial portion of the enlistment under review. However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the incident of misconduct documented under Article 15 of the Uniformed Code of Military Justice. The analyst noted that even though a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The analyst having examined all the circumstances determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline. This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge. Therefore, the analyst determined 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 May 2012 Location: Washington, D. C. Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: On-line application and a DD Form 214 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: NA RE Code: Grade Restoration: No Yes Grade: NA 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 AR20110022225 ______________________________________________________________________________ Page 3 of 4 pages