2. In effect, the applicant requests that the narrative reason for his separation (block 28) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed; and that his commanders reasons for recommending his separation be corrected.
3. The applicant states that the information in block 28 should be coded and that his commanders reasons for recommending his separation are not true. The applicant submits a copy of his DD Form 214 and a copy of a
18 December 1992 memorandum from his commanding officer recommending the applicant be separated.
4. The applicant enlisted in the Army for four years on
4 March 1992 and was subsequently assigned to an infantry battalion in Hawaii. On 18 December 1992 his commanding officer recommended that the applicant be separated from the Army. That official listed as his reasons for his recommendation as: Nonjudicial punishment under Article 15, UCMJ for use of marijuana, nonjudicial punishment for entering an off-limits area and underage drinking, and a positive urinalysis for cocaine.
5. The applicant was returned to the continental United States and discharged at the Presidio of San Francisco under the provisions of Army Regulation 635-200, paragraph 14-12c, under honorable conditions (general), on 1 February 1993.
The separation code (block 26, DD Form 214) is shown as JKK. The narrative reason for separation (block 28, DD Form 214) is shown as, MISCONDUCT-ABUSE OF ILLEGAL DRUGS.
6. 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. Paragraph 14-12c(2) states that abuse of illegal drugs is serious misconduct and that second-time drug offenders will be processed for separation.
7. Army Regulation 635-5, Section II, prescribes instructions for preparation of DD Form 214. Table 2-1 states that the proper separation code designator (SPD) representing the specific authority for separation
(AR 635-5-1 provides the authorities, reasons, and applicable SPDs) will be entered in block 26. That table states that the narrative reason for separation as shown in AR 635-5-1 will be entered in block 28.
7. Army Regulation 635-5-1, as changed, and then in effect, prescribes the SPD codes to be used, and the authorities, and reasons for their usage and control. The appendix to that regulation indicates that the SPD code for separation under the provisions of Army Regulation 635-200, paragraph 14-12c, is JKK, and the narrative reason is Misconduct-Drug abuse.
8. The aforementioned regulation was changed on
1 October 1993. Paragraph 2-3c of the revised regulation states that the SPD will be entered in block 26 of DD Form 214. Paragraph 2-3d states the narrative reason for separation will be entered in block 28 of the DD Form 214 as listed in either Appendix B or C of that regulation. No deviation is authorized.
9. Table C-3, Appendix C, of the revised regulation indicates that the regulatory authority for separation for SPD code JKK is AR 635-200, para 14-12c(2), and that the narrative reason is Misconduct.
CONCLUSIONS:
1. The applicant was discharged because of misconduct- abuse of illegal drugs, based on the recommendation of his commanding officer. In the absence of any evidence to the contrary, it is presumed that the commanding officers reasons for his recommendation were proper and that the discharge proceedings were conducted in accordance with applicable law and regulations. The applicant has not submitted any evidence to demonstrate the existence of probable error or injustice.
2. The narrative reason for the applicants separation should be shown only as MISCONDUCT. The applicant was discharged some 8 months prior to the effective date of the revised Army Regulation 635-5-1. It appears that the intent of the revised policy, still in effect, is to include only that necessary and pertinent information on a soldiers
DD Form 214 that needs to be made known. As such, the regulatory change may represent an enhancement of the applicants rights, and therefore, relief is warranted as an exception to policy.
3. In the interest of justice he should be issued a new DD Form 214 reflecting the narrative reason for his discharge as prescribed by the revised Army Regulation 635-5-1.
4. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicants records as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was separated for misconduct, and that he be issued a new DD Form 214 which reflects the narrative reason for his separation in block 28 of that form as MISCONDUCT.
2. That so much of the application as in excess of the foregoing be denied.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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