Applicant Name:  ?????

Application Receipt Date: 2011/03/07	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "My RE Code to be changed from 4 to 1.  My general discharge be changed from general to honorable.  I am doing what is necessary to maintain good moral conduct.  At the time I was naïve and an immature boy.  I am a wise man now and deserve an opportunity to prove that I am at my best.  I am still in shape, exercise daily, in school, and will be an assett instead of a hindrance to the Army, friends, superiors, and fellow Soldiers."

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: 050607
Discharge Received: 			   Date: 050622   Chapter: 14 -12c(2)      AR: 635-200
Reason: Misconduct -Abuse of Illegal Drugs	   RE:     SPD: JKK   Unit/Location: 115th Field Hospital, Fort Polk, LA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050428, Wrongful use of methamphetamines between (050224 and 050324), reduction to E1; forfeiture of $617.00 per month for 2 months (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: 000718    Current ENL Term: 06 Years  ?????
Current ENL Service: 	04 Yrs, 11 Mos, 05 Days ?????
Total Service:  		04 Yrs, 11 Mos, 05 Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 91P10/X Ray Specialist   GT: 96   EDU: HS Grad   Overseas: ?????   Combat: ?????
Decorations/Awards: AAM, AGCM, NDSM, GWOTSM, NCOPDR, ASR, OSR

V.  Post-Discharge Activity
City, State:  Memphis, TN
Post Service Accomplishments: The applicant states: "I am currently enrolled in college.  I am getting my Bachelor's of Science in Healthcard Admin.  I went into the National Guard and received an Honorable Discharge as a medic.  I work at the Post Office and am really looking forward to going back into the Army."  Records show that the applicant served in the Army National Guard (051017-081031) and was discharged with a honorable discharge.





VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 7 June 2005, 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 for having tested positive (050324) for using methamphetamines , with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 7 June 2005, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf which was not found in the available records  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.  
       
       The separation authority's memorandum directing that the applicant be discharged with a characterization of service of general, under honorable conditions is not contained in the available record and the analyst presumed government regularity in the discharge process.  However, on 20 June 2005, DA HQ, Joint Readiness Training Center & Fort Polk Fort Polk, LA, Orders 171-0312, discharged the applicant from the Regular Army;  effective 22 June 2005.
       
       The applicant's record contains a CID Report, dated 27 April 2005.

       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 carefully examining the applicant’s record of service during the period of enlistment under review and the issues, and documents submitted with the application, the analyst determined that the discharge was both proper and equitable.
       
       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, the applicant knowingly risked a military career and diminished the quality of service below that meriting a fully honorable discharge.  
       
       The analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined with the application and in the documents with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  
       
       The analyst noted the applicant's issue of wanting his RE code changed; however, 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 the 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: 30 September 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149, Self-authored letter, Honorable Discharge Certificate from the Army National Guard, NGB Form 22, and DD Form 214 for the period of service under review.

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 discharge was both proper and equitable, and voted to deny relief.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

















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 AR20110004425
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