Applicant Name: ????? Application Receipt Date: 2010/06/29 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states: "My discharge was inequitable because it was all based on hear say evidence, all factual documentation was lost by the S-1 shop, and all my matters of defense were misplaced or lost as well. My matters of defense included the bottles of the supplements I was taking at the time, receipts, and sworn statements from the NCO's sent to search my house. SFC [ redacted ] and SFC [ redacted ]. Both NCO's reported that no "Drugs" steroids or even parafanalia pertaining to steroid use (ai. needles) was found in my residence they both spoke positively on my behalf at my Article 15 reading. I was a good Soldier who even received the Good Conduct Medal months prior to this incident I went above a beyond my call of duty to serve in a elite special operations unit and served in three combat tours with 1st ranger battalion. This was one isolated incident in 36 months of meritorious service with no other adverse actions. 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: 090330 Discharge Received: Date: 090611 Chapter: 14-12c(2) AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: HHC, 1/75th Rgr Regt, Hunter AAF, GA Time Lost: None Article 15s (Charges/Dates/Punishment): 090211, Wrongful use of anabolic steriods between (081004 and 081104), reduction to E1; forfeiture of $600.00 pay per month for two months; extra duty for 45 days; and restriction for 45 days, (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: 051006 Current ENL Term: 05 Years ????? Current ENL Service: 03 Yrs, 08 Mos, 06 Days ????? Total Service: 03 Yrs, 08 Mos, 06 Days ????? Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: 11B10/Infantryman GT: 104 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq (070407-070707 and 071228-080408). Decorations/Awards: NDSM, ASR V. Post-Discharge Activity City, State: Miami, FL Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 30 March 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct—commission of a serious offense (abuse of illegal drugs) for the wrongful use of anabolic steroids, with a general, under honorable conditions discharge. He was advised of his rights. On 27 May 2009, the applicant consulted with 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 Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval with a general, under honorable conditions discharge. On 1 June 2009, 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, 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 documents, and the issues he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. 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 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 issues that his discharge was because of a isolated incident. However, even though a isolated 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 isolated 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 isolated incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge. In view of the foregoing, 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: 16 March 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293, documents from discharge packet (2), discharge orders, dated 4 June 2009, and DD Form 214 for the period of service under review. 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 found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as “AR 635-200, paragraph 14-12c(2),” block 26 separation code as “JKK,” block 27, reentry code as “4,” and block 28, narrative reason for separation as "Misconduct (Drug Abuse)." In view of these errors, the Board voted to administratively correct block 25, separation authority to “AR 635-200, paragraph 14-12c,” block 26, separation code to “JKQ,” block 27, reentry code to “3," and block 28, narrative reason for separation to "Misconduct (Serious Offense)," as approved by the separation authority. Except for the foregoing modifications, the Board determined the discharge was both proper and equitable and voted not to change it. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 5 No change 0 (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: Misconduct (Serious Offense) Other: The Board directs ARBA Promulgation Team-Arlington to administratively correct block 25, separation authority to “AR 635-200, paragraph 14-12c,” block 26, separation code to “JKQ,” block 27, reentry code to “3," and block 28, narrative reason for separation to "Misconduct (Serious Offense)." 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 AR20100017979 ______________________________________________________________________________ Page 3 of 3 pages