Application Receipt Date: 060308 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293, with attachments. The applicant stated in essence that he was given a given a sleeping pill from another soldier in his unit to help him sleep during deployment to Afghanistan in a high stress combat environment. He also stated that he believed the drug he took not to be controlled, that was used to aid him in sleep and that it was actually a schedule IV drug, not a schedule III drug, for which he was punished. He further stated that he is being treated for PTSD from the effects of his combat deployments to Iraq and Afghanistan. The applicant submitted additional evidence in the form of documents: a three-page personal statement, a two-page letter of referece from his parents, 8 pages of notification documents from the miltiary record, a one-page memorandum from clinical director of Vicenza ASAP, a four-page news article on PTSD, a 12-page article from the New England Journal of Medicine, an additional 15 pages of military file documents. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 051121 Discharge Received: Date: 060104 Chapter: 14-12c AR: 635-200 Reason: Misconduct RE: SPD: JKG Unit/Location: Company A, 1st Battalion (Airborne), 508th Infantry Rear (Provisional),173rd Ariborne Brigade Rear (Provisional), APO AE 09630 Time Lost: None Article 15s (Charges/Dates/Punishment): 051014 - Wrongful use of Valium during time of war (050906)/Field Grade Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 820831 Current ENL Date: 030507 Current ENL Term: 3 Years ????? Current ENL Service: 2 Yrs, 7 Mos, 28 Days ????? Total Service: 2 Yrs, 7 Mos, 28 Days ????? Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: 11B1P, Infantryman GT: 94 EDU: HS Grad Overseas: Southeast Asia Combat: Iraq/Afghanistan 031116-051026 Decorations/Awards: ARCOM, ASR, OSR, FRFOURRA, CIB, EIB, ACM, GWOTSM, GWOTEM V. Post-Discharge Activity Home of Record: St Ann, Missouri 63074 Current Address: 3747 Long Drive St. Ann MO 63074 United States Post Service Accomplishments: None Submitted VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 21 November 2005, 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 (wrongfully used valium on (050906), with a general, under honorable conditions discharge. He was advised of his rights. The applicant consulted legal counsel, was advised of the impact of the discharge action, and did not submitted 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 15 December 2005, 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 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge 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 he submitted, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to fully Honorable with a change of the narrative reason to Secretarial Authority. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the discharge was inequitable The analyst found that the overall length and quality of the applicant's service, to include his combat service, and the medical circumstances surrounding the discharge, mitigated the discrediting entry in his service record. Further, the analyst noted that competent medical authority diagnosed the applicant as suffering from an Adjustment disorder, Anxious Mood and Unresolved Bereavement and prescribed Zoloft for depression and sleep problems. This recommendation does not include a change to the reentry eligibility (RE) code, however the Board may consider it. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 20 December 2006 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change No change (Character) Change No change (Reason) (Board member names available upon request) IX. 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 inequitable, based on the overall length and quality of the applicant’s service, to include his combat service, and the medical circumstances surrounding the discharge. Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to fully honorable and a change to the narrative reason for the separation to Secretarial Authority. This action entails a change to the reentry eligibility (RE) code to 'RE-1'. Case report reviewed and verified by: Mr. John Zangas, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Secretarial Authority, Under Provisions of CH 5, AR 635-200 Other: None RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 21 December 2006 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060003404 Applicant Name: Mr. ______________________________________________________________________ Page 6 of 6 pages