Applicant Name:  ?????

Application Receipt Date: 2010/11/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that her discharge was inequitable because it was based on an isolated incident in over three good years of her service which included a 15-month deployment without any other prior incidents.  She would also like to get the reason for her discharge changed because it currently says drug abuse but her incident involves spice.

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: 101005
Discharge Received: 			   Date: 101108   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: HHD, 21st CSH, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100805, violated a general regulation by wrongfully possessing spice (100701), reduction to E-1, forfeiture of $723 for two months (suspended), 45 days of 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:  18
Current ENL Date: 070823    Current ENL Term: 4 Years  ?????
Current ENL Service: 	03 Yrs, 02 Mos, 16 Days ?????
Total Service:  		03 Yrs, 02 Mos, 16 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 68G10/Patient Admin Spc   GT: 101   EDU: HS Grad   Overseas: SWA   Combat: Iraq (080517-090801)
Decorations/Awards: ARCOM, AAM, NDSM, ICM-2, GWOTSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Killeen, TX
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 5 October 2010, 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—abuse of illegal drugs, specifically for being arrested for possessing spice, with a general, under honorable conditions discharge.  She was advised of her rights.  
       
       On 9 October 2010, 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 approval with a general, under honorable conditions discharge.  
       
       On 20 October 2010, the separation authority 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 carefully examining the applicant’s record of service during the period of enlistment under review, the issue, and the 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 her 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 a prohibited substance, compromised the special 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 possessing a prohibited substance, the applicant knowingly risked a military career and the misconduct diminished the quality of her service below that meriting a fully honorable discharge.  
       
       The analyst acknowledges the applicant’s in-service accomplishments and considered the quality of her service during the initial portion of the enlistment under review which included a combat tour.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge.  The applicant’s service was marred by a Field Grade Article 15 for a violation of a lawful general regulation for wrongfully possessing spice.    
       
       Moreover, 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 her 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. 
       
       Furthermore, 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)”   In view of the foregoing, the analyst recommends to the Board that an administrative change be made to block 25, 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.   
       
       Therefore, the analyst determined the reason for discharge was improperly recorded; however, the characterization of service 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: 7 March 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 and electronic DD Form 293.

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.  However, 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 as separation code “JKK,” block 27, re-entry code as “4,” and block 28, narrative reason for separation as “Misconduct (Drug Abuse)”   The Board voted to correct these mistakes and directed that an administrative change be made to block 25, 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 approved by the separation authority.  
        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 5    No change 0
(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), under the provisions of AR 635-200, paragraph 14-12c
Other: Change the SPD code to JKQ
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 AR20110017194
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