Applicant Name:  ?????

Application Receipt Date: 2011/04/04	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant feels his discharge based on only one positive UA is unjustified.  He states, in effect, he successfully completed and passed the rehabilitation course and he was never given a followup UA to prove his successful rehabilitation, and he has received one negative counseling statement.  He states that since his discharge he remained clean and has passed numerous UA's for employers.  

	He understands the reality of having the characterization of his service changed to honorable would be amazing; however, he also hopes to gain his true intent to have his RE and Separation Codes changed to allow him to once again serve his country.  He adds for those reasons, he feels his discharge to be unjust.  

	He believes he has learned his lesson as he has lost a lot--money for bonus pay out, student loan repayments, time, friendships and bonds lost, and most of all the trust, respect and diminished dignity from those whom he respected most.  Although he has lost some things forever, he will have to continue to work hard to gain others back.  He states since his separation, he has come to realize the privilege to be part of the Army as such a fine organization.  In the past year, many opportunities yielded to reflect on his actions.  It helped him to mature, opened his eyes to the world around him, and better understands what a true Soldier should be.  Although the incident proved to be one of his lowest lows in his life, he will always be optimistic and try to look at it as one of the sharpest learning curves and a largest building blocks in his progression to becoming a better person.  He, therefore, asks to be granted a second chance at enlistment, not only be able to do the job once again that he deeply enjoyed, but be able to do right by his country, former superiors, family, himself, and show just how great a Soldier he could potentially be.

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: Undated 
Discharge Received: 			   Date: 100422   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: HHC, 2nd Bn, 34th AR (CAB), Fort Riley, KS 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100208, wrongful use of marijuana - reduced to E-1, 45-day extra duty and restriction (FG)

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 090324    Current ENL Term: 4 Years  17 Weeks
Current ENL Service: 	01 Yrs, 00 Mos, 29 Days ?????
Total Service:  		01 Yrs, 00 Mos, 29 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 11C (Indirect Fire Infantry)   GT: 117   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM; GWOTSM; ASR

V.  Post-Discharge Activity
City, State:  Cadiz, KY
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that by an undated memorandum, 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 wrongfully using marijuana (on an unspecified date), with a general, under honorable conditions discharge.  He was advised of his rights.
         
       On 16 April 2010, the applicant waived consultation with legal counsel.  He indicated he understood the impact of the discharge action, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him 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 an undated memorandum, the separation authority approved the conditional waiver request, waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

       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 and the issue and documents submitted with the application, the analyst found no mitigating factors which would merit a change to the applicant's narrative reason for discharge.  
       
       The analyst noted the applicant's issue; however, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 14, paragraph 14-12c, AR 635-200.  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 "RE 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, separation code, entered in block 26, and RE Code, entered in block 27 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.  
       
       The applicant contends that he was unjustly discharged.  However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue.  There is no evidence in the record, nor has the applicant produced any evidence or documentation to support the contention that he was unjustly discharged.  In fact, the applicant’s Articles 15 under the Uniform Code of Military Justice and the negative counseling statement for wrongful use of marijuana justify a commission of a serious offense, thereby, a misconduct warranting separation from the military service.  The applicant’s statement alone does not overcome the government’s presumption of regularity in this case.
       
       In addition, the analyst noted that even though a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  The analyst having examined all the circumstances determined that the applicant's single incident of misconduct did indeed adversely affect the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline.  This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge. 
       
       In view of the foregoing, the analyst determined that the reason for discharge was both proper and equitable and recommends to the Board to deny relief.
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 2 November 2011         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated 4 April 2011, Congressional correspondences, dated 27 October 2010, 9 February 2011, and 7 March 2011; letter from ARBA Chief, Congressional and Special Actions, dated 25 February 2011; the applicant's self-authored statement, undated; and a copy of the applicant's separation packet.

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

Official:




BONITA E. TROTMAN
Lieutenant Colonel, U.S. Army
Chief, 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 AR20110007892
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