Applicant Name: ????? Application Receipt Date: 2011/10/19 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he completed his term of service but block 18 of his DD Form 214 indicates he did not. Additionally he requests that the reason for his separation and the SPD and reentry codes be changed. He requested trial by court-martial but his request was not granted. In another Soldier’s case with similar circumstances all the charges were dropped. He provides documents to demonstrate his innocence. 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: 110414 Discharge Received: Date: 110714 Chapter: 14-12c(2) AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: C Troop, 4th Squadron, 73d Cavalry Regiment, Fort Bragg, NC Time Lost: None Article 15s (Charges/Dates/Punishment): 101206, disrespectful in language to an NCO on two occasions (101112, 101115), reduction to E-2, forfeiture of $378, and 14 days of extra duty and restriction (CG) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 24 Current ENL Date: 070322 Current ENL Term: 6 Years ????? Current ENL Service: 04 Yrs, 03 Mos, 23 Days ????? Total Service: 06 Yrs, 05 Mos, 00 Days ????? Previous Discharges: ARNG 050214-070321/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 11B1P/Infantryman GT: 116 EDU: HS Grad Overseas: SWA Combat: Afghanistan x 2 (071219-080409, 090820-100820) Decorations/Awards: ARCOM, AAM, AGCM, NDSM, ACM-3, OSR, NATO MEDAL, CIB V. Post-Discharge Activity City, State: Caledona, NY Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 14 April 2011, 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 testing positive for 19-Norandrosterone and 19-Noretiocholanolone, substances which were metabolites of a Schedule III controlled anabolic androgenic steroids such as Nandrolone, Norandrostenedione, and Norandrostendediol. The unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights. On 14 June 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon receiving a characterization of service no less favorable than general, under honorable conditions and did not submit 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 action and recommended approval of the separation with a general, under honorable conditions discharge. On 18 June 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. The record contains two General Officer Memoranda of Reprimand dated 25 October 2007 and 1 June 2011, for offenses of driving while intoxicated. 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 issues, and the documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge. The applicant contends that he was unfairly discharged because another Soldier with similar circumstances received an honorable characterization of service. However, the analyst determined that the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. 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, he knowingly risked a military career and diminished the quality of his service below that meriting a fully honorable discharge. Moreover, the method in which another Soldier’s case was handled is not relevant to the applicant’s case. Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case. The analyst found no evidence of arbitrary or capricious actions by the command and was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant contends that he completed his term of service. However, the record indicates he enlisted in the Regular Army on 22 March 2007 for a period of six years. He was discharged on 14 July 2011 and had completed 4 years, 3 months, and 23 days of active service. The applicant also contends that the narrative reason for his discharge, SPD and RE codes should be changed. However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200 with a general, under honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)," the separation code is "JKK," and the reentry code is "4." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.” An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment. In view of the foregoing, the analyst determined that the applicant’s 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: 26 March 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: DD Form 149, character reference statements, a self-authored statement, discharge packet, counseling statements, and several internet articles. VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. IX. Board Decision Board Vote: Character - Change 0 No change 5 Reason - Change 2 No change 3 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: None RE Code: Grade Restoration: No Yes Grade: NA 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 AR20110020957 ______________________________________________________________________________ Page 1 of 3 pages