| Mr. | Fred K. McCoy | Chairperson | |
| Ms. | Margaret K. Patterson | Member | |
| Mr. | George D. Paxson | Member |
| Mr. | Loren G. Harrell | Director | |
| Ms.. | Carolyn G. Wade | Analyst |
2. The applicant requests that the narrative reason listed on DD Form 214, box 28 (misconduct-drug abuse) be deleted from his file.
3. The applicant states that he was a young man from a small town who made a poor judgment call while off duty; that he naively accepted a puff on a marijuana cigarette that unknown to him was laced with cocaine; that he regrets and is ashamed of this incident. He further states that he felt his punishment for a first time drug offense was severe; that DD Form box #28 implies he was and is an avid drug user and abuser; when in fact he has not used drugs since that time and does not even smoke. The applicant states that since his separation he has completed college, is married, and gainfully employed.
4. The applicant’s military records show that on 29 April 1986 the applicant enlisted in the Regular Army for a period of 3 years. He enlisted for the US Army Training of Choice Enlistment Option and the Military Occupational Specialty (MOS) 31M (Multichannel Communications Systems Operator). At the time of enlistment he was 18 years old and had graduated from high school. He was assigned to Fort Jackson, South Carolina for basic combat training (BCT) and to Fort Gordon, Georgia for advanced infantry training (AIT). Upon completion of AIT he was awarded the MOS 31M and assigned to Fort Hood, Texas.
5. On 29 October 1986 he was promoted to the rank of private/E-2 and on 1 March 1987 he was promoted to the rank of private first class/E-3.
6. On 2 May 1987 the applicant accepted nonjudicial punishment under the provisions of Article 15, UCMJ for wrongfully using cocaine, detected by biochemical testing. His punishment consisted of a reduction in rank to private/E-2, a forfeiture of $369.00 for 2 months (suspended), and 45 days of extra duty.
7. On 4 May 1987 a physical examination and mental evaluation cleared the applicant for discharge. On 13 May 1987 the applicant was barred from reenlistment.
8. On 11 June 1987 the unit commander recommended the applicant be discharged under the provisions of chapter 14, AR 635-200 for misconduct-drug abuse with a general discharge (GD). On 12 June 1987 the applicant consulted legal counsel. Counsel made a statement in the applicant’s behalf stating that the commander should consider that this was the applicant’s only act of misconduct, and that his otherwise unblemished record should mitigate the nature of the offense. He further stated that the applicant should be allowed the opportunity for rehabilitation and requested that the chapter action be terminated.
9. On 23 June 1987 the separation authority approved the discharge with a GD. Accordingly on 6 July 1987 the applicant was discharged after completing 1 year, 2 months, and 8 days of active military service.
10. The DD Form 214 (Certificate of Release or Discharge From Active Duty), issued the applicant, cites the separation authority in block 25 as Chapter 14, AR 635-200; the Separation Code in block 26 as JKK; and the narrative reason in block 28, as Misconduct-drug abuse. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), currently in effect, lists the narrative reason associated with SPD code JKK, and the separation authority of Chapter 14, AR 635-200, as simply Misconduct.
11. On 1 July 1988 the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgrade of his discharge and found that the discharge process was proper in all respects.
12. 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, commission of a serious offense, convictions by civil authorities, desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.
CONCLUSIONS:
1. The discharge proceedings were conducted in accordance with law and regulation applicable at the time. The reason for and the character of the discharge are commensurate with the applicant’s overall record of military service. However, regulations currently in effect list the reason for the applicant’s discharge as misconduct and do not include the term drug abuse in the narrative description of the reason for separation. The Board determined that such a favorable narrative reason change was proper based on current policy and procedures pertaining to the basis for discharge.
2. In view of the foregoing, the applicant’s record should be corrected, but only as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by changing the narrative reason in block 28 of the DD Form 214 to Misconduct.
2. That the Department of the Army issue the applicant a new DD Form 214 that reflects that the narrative reason for separation has been changed to Misconduct.
3. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
___CHL_____ ___SLP_____ ___CLG_____ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
______________________
CHAIRPERSON
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