Applicant Name: ????? Application Receipt Date: 2011/07/13 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that his dishcarge was both improper and inequitable because his chain of command did not give him a fully proper rehabilitation plan by assigning him to a platoon of NCO's and it was unfair for them to place him there. He was scrutinized everyday to perform at a level of NCO's, that he worked and he was just an E-1/Private. The proper standard was to place him in a different company; however, he was placed in a company, but he was turned down because his 1SG forwarded his counseling packet to his new company and they saw his past and turned him down. He also requested an upgrade so that he could be eligible for VA Benefits; such as the Montgomery GI Bill, VA Healthcare and other invaluable services. 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: 080919 Discharge Received: Date: 081020 Chapter: 14-12c (2) AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: C Company, 2/29th Infantry Regiment, Fort Benning, GA Time Lost: None Article 15s (Charges/Dates/Punishment): 070913, with intent to deceive, made an official statement to a SGT (070730), reduction to the grade of Private (E-1), forfeiture of $325.00 pay for two months, extra duty and restriction for 45 days, both forfeiture and restriction suspended, to be authomatically remitted if not vacated on or before (080313), (FG) The suspension of the punishment of forfeiture of $764.00 pay for 2 months imposed on (070622) was vacated, effective date (070712) based on the applicant's offense of failing to go to his appointed place of duty (070626). 070622, failed to go to his appointed place of duty (070611), with intent to deceive, made an official statement to a SSG which was false x 2 (070611), (070611), failed to obey a lawful order issued by a Colonel (070607), reduction to the grade of Private First Class (E-3), forfeiture of $380.00 pay, extra duty and restriction for 14 days, (forfeiture suspended, to be automatically remitted if not vacated on or before (071222), (CG) Courts-Martial (Charges/Dates/Punishment): 080820, Summary Court-Martial for wrongfully using marijuana between (080416-080516), wrongfully using marijuana between (080524-080627), wrongfully appropriating the keys to his battalion commander's office, of a value of less than 500.00, the property of the US Army (080325), unlawfully enter his battalion commander's officer with the intent to commit a criminal offense of interferring with an adverse administrative proceeding (080325), and wrongfully endeavoring to impede an adverse administrative proceeding, by removing documents from a file to be used against him in an administrative chapter separation (080325). He was sentenced to confinement for 30 days and forfeiture of $449.00 pay. Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 19 Current ENL Date: Reenl/061012 Current ENL Term: 5 Years ????? Current ENL Service: 2 Yrs, 0 Mos, 9 Days ????? Total Service: 4 Yrs, 0 Mos, 22 Days ????? Previous Discharges: USAR 040923-040928/NA RA 040929-061011/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 11B10 Infantryman GT: 92 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq (050802-060803) Decorations/Awards: NDSM, GWOTSM, ICM-CS, ASR, CIB V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None submitted by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 17 September 2008, 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; in that he received a Summary Court-Martial for wrongfully using marijuana x 3, house breaking, wrongful appropriation, making false official statements, failing to obey an order or regulation and failing to report. The unit commander recommended separation with a general, under honorable conditions discharge. He was advised of his rights. On 23 September 2008, the applicant consulted with 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 3 October 2008, 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 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, the issue and documents he submitted, the analyst determined that the characterization of service is improper. The analyst noted that the government introduced into the discharge packet the results of a biochemical test conducted on 16 February 2010, which was coded “RO” (Rehabilitation) and that was part of the applicant’s Army Substance Abuse Program (ASAP) treatment plan. This is limited use information as defined in AR 600-85 and is protected evidence because the test was administered as part of the applicant’s rehabilitation program. Use of this information mandates award of a fully honorable characterization of service. 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 fully supported by the record and therefore, remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 7 March 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 11 July 2011, self authored statement undated and a copy of his Official Military personnel File (OMPF). 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 noted that the government introduced a document into the discharge process revealing that the applicant had self-referred to the Alcohol and Drug Prevention and Control Program for substance abuse. This is limited use information as defined in AR 600-85. Use of this information mandates award of a fully honorable discharge. Accordingly, the Board voted to change the characterization of service to fully honorable. However, the board found that the reason for discharge was fully supported by the record and voted not to change it. IX. Board Decision Board Vote: Character - Change 5 No change 0 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: No Change RE Code: Grade Restoration: No Yes Grade: No Change 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 AR20110014647 ______________________________________________________________________________ Page 2 of 4 pages