Applicant Name: ????? Application Receipt Date: 2012/03/13 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he was diagnosed with Post Traumatic Stress Disorder (PTSD). He contends using marijuana as self medication to lessen the effects of his PTSD. He further contends being a stellar Soldier in Kosovo and served his country well. 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: 021023 Discharge Received: Date: 021122 Chapter: 14-12c(2) AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: C Co, 3-7th IN Bn, Fort Stewart, GA Time Lost: None Article 15s (Charges/Dates/Punishment): 020903, wrongfully used marijuana (020523-020624); reduction to E-forfeiture of $552 pay x 1 month (suspended), extra duty for 45 days and restriction for 45 days (FG). 020613, wrongfully consuming an alcoholic beverage under age 21 (010308); and operating a passenger car while drunk (010308); the punishment received is not annotated in block 4 of the Article 15. 020517, wrongfully used marijuana (020303-020402); reduction to E-2, forfeiture of $619 pay x 1 month (suspended), 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: 18 Current ENL Date: 000420 Current ENL Term: 03 Years ????? Current ENL Service: 02 Yrs, 07 Mos, 03 Days ????? Total Service: 02 Yrs, 07 Mos, 03 Days ????? Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 11B10 Infantryman GT: 118 EDU: GED Overseas: Kosovo Combat: None Decorations/Awards: KCM, ASR, NATO MDL V. Post-Discharge Activity City, State: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 23 October 2002, 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/abuse of illegal drugs for testing positive for marijuana x 2 (0204020, 020716); consuming alcohol under the age of 21 and operating a vehicle under the influence of alcohol, with an under other than honorable conditions discharge. He was advised of his rights. On 23 October 2002, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived consideration of his case by an administrative separation board, 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. On 1 November 2002, the Staff Judge Advocate, LTC, JA, indicated in his memorandum that the applicant's chain of command recommended approval of the applicant's unconditional waiver with an under other than honorable conditions discharge. On 1 November 2002, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of under other than honorable conditions. The applicant was to be reduced to the lowest enlisted rank. The applicant's record contains a CID Report of Investigation, dated 5 September 2002. 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 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 2 August 2002, which was coded “RO” (Rehabilitation) and that it 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 that the applicant’s characterization of service be upgraded to fully honorable. However, the analyst found 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: 20 June 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: yes [redacted] Witnesses/Observers: NA Exhibits Submitted: DD Form 149, dated (120229); Letter, [redacted] County Mental Health Center, dated (120227); Character Statement, dated (021118); Certificate of Appreciation, dated (020208); and the NATO Medal Certificate, dated (011111). 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 characterization of service is improper. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. However, the Board determined that the reason for discharge was both proper and equitable 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: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature Approval Authority: ARCHIE L. DAVIS III 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 AR20120005370 ______________________________________________________________________________ Page 2 of 3 pages