Application Receipt Date: 080229 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that his discharge should be upgraded because of his reason for separation was a result of PTSD (Post Traumatic Stress Disorder). He has been diagnosed and receiving compensation for the medical condition, PTSD is a psychiatric deficiency. 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: 070518 Discharge Received: Date: 070621 Chapter: 14-12(c) 2 AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: E Company, 3rd Battalion, 10th Aviation Regiment (GSAB), 10th Mountain Division (Light Infantry), Fort Drum, NY. Time Lost: None Article 15s (Charges/Dates/Punishment): 070411, Wrongfully used marijuana between on or about (070107-070207), reduction to E-1, forfeiture of $650.00 pay for two months, extra duty and restriction for 45 days and an oral reprimand, (FG). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 840213 Current ENL Date: 050224 Current ENL Term: 3 Years 25 Weeks Current ENL Service: 2 Yrs, 3 Mos, 28 Days ????? Total Service: 2 Yrs, 3 Mos, 28 Days ????? Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 92F10 Petroleum Supply Spec GT: 99 EDU: HS Grad Overseas: Southwest Asia Combat: Afghanistan (dates unknown) Decorations/Awards: ARCOM, NDSM, ACM, ASR, OSR, NATOM V. Post-Discharge Activity Home of Record: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 15 May 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—commission of a serious offense for wrongfully using marijuana between on or about (070107-070207), with a general, under honorable conditions discharge. He was advised of his rights. The applicant waived legal counsel, was advised of the impact of the discharge action, 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 a general, under honorable conditions discharge. On 22 May 2007, the separation authority 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, 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, 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, VA document and the issue he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's characterization of service to fully honorable. 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 characterization of service was too harsh, and as a result it is inequitable. The analyst found that the overall length and quality of the applicant's service, to include his combat service and the circumstances surrounding his discharge, mitigated the discrediting entry in his service record. Accordingly, the analyst recommends to the Board that the applicant's characterization of service be upgraded to fully honorable. However, the analyst determined that the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 9 April 2008 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 1 No change 4 - Character Change 0 No change 5 - 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 both proper and equitable and voted to deny relief. Case report reviewed and verified by: Mr. Ron Williams, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 14 April 2008 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080003419 Applicant Name: ______________________________________________________________________ Page 1 of 6 pages