Applicant Name:  ?????

Application Receipt Date: 2011/08/11	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she was falsely accused of drug abuse and incorrectly stated in her DD Form 214.  She asks for the reason to be changed to possession not use of drugs.  She denies the use of drugs and states she was a victim of sexual trauma and has had PTSD her entire career in the Army.

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: 091218
Discharge Received: 			   Date: 100212   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: A Co, 447th Signal Bn, Fort Gordon, GA 

Time Lost: Total of 18 days.  AWOL for 2 days (090816-090817), returned to unit; military confinement for 16 days (091028-091112) as a result of a summary court-martial conviction.

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): 091028, AWOL (090816-090817), wrongfully possessed marijuana (090815), unlawfully carrying a concealed weapon (090815), reduction to E-1, forfeiture of two thirds pay for one month, confinement for 15 days and restriction for 15 days (SCM)

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  25
Current ENL Date: 050526    Current ENL Term: 4 Years  No new contract in the OMPF, stop-loss in effect
Current ENL Service: 	04 Yrs, 08Mos, 00Days ?????
Total Service:  		04 Yrs, 08Mos, 00Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 25B10/Multi Channel Trans Opr   GT: 101   EDU: 3 years of college   Overseas: SWA   Combat: Iraq (070713-081004)
Decorations/Awards: ARCOM, AAM-2, AGCM, NDSM, ICM-CS, ASR, OSR

V.  Post-Discharge Activity
City, State:  Elma, 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 10 December 2009, 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 possessing a controlled substance and having a concealed weapon, with a general, under honorable conditions discharge.  She was advised of her rights.  
       
       On 15 December 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in her 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 a general, under honorable conditions discharge.
       
       On 5 January 2010, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions under the provisions of AR 635-200 paragraph 14-12, for the commission of a serious offense.
       
       The record contains a Military Police Report dated 16 August 2009.

       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 determined that the applicant was incorrectly given the wrong reason for discharge.
       
       The applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12c, for misconduct (serious offense), however, her DD Form 214 incorrectly states in block 28, narrative reason for separation as “Misconduct (Drug Abuse).”  
       
       Further, notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as “AR 635-200, paragraph 14-12c(2),” block 26 as separation code “JKK,” block 27, re-entry code as “4,” and block 28, narrative reason for separation as “Misconduct (Drug Abuse).”   The applicant contends that the narrative reason for her discharge should be changed to drug possession instead of drug abuse.  However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c, 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 (Serious Offense),” and the separation code is "JKQ."  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.  
       
       The record does not support the issue that the applicant suffered from Post Traumatic Stress Disorder and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.  
       
       In view of the foregoing, the analyst recommends to the Board that block 25 be changed to read separation authority:  “AR 635-200, paragraph 14-12c,” block 26, separation code to read "JKQ," block 27, reentry code to read “3,” and block 28, reason for separation to read “Misconduct (Serious Offense)”  as it was approved by the separation authority.
       
       
       
       
          

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 16 December 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Report of court-martial trial, MP report, DD Form 214.

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.  Moreover notwithstanding the propriety of the applicant's discharge, the Board found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as “AR 635-200, paragraph 14-12c(2)”, block 26 separation code as “JKK”, block 27, reentry code as “4”, and block 28, narrative reason for separation as "Misconduct (Drug Abuse)."  In view of these errors, the Board voted to change block 25, separation authority to “AR 635-200, paragraph 14-12c”, block 26, separation code to “JKQ”, block 27, reentry code to “3, and block 28, narrative reason for separation to "Misconduct (Serious Offense)" as approved by the separation authority.  Except for the foregoing modifications, the Board determined the discharge was both proper and equitable.  
        
IX.  Board Decision						
Board Vote:
Character - Change 2    No change 3
Reason -     Change 3    No change 2
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: Misconduct (Serious Offense) with corresponding SPD code of JKQ.
Other: Change block 25, separation authority to AR 635-200, PARA 14-12C
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 AR20110016658
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