Applicant Name:  ?????

Application Receipt Date: 2011/11/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "I believe my discharge should be changed because at the time i popped hot for marijuana i had a very bad melt down that my unit was very aware of. Im not at all saying that my actions were justified its just that before my hot urinalysis i had no problems with my unit. i was a model soldier, afterwards, i was treated as  if i werent apart of my unit. I was even denied the army substance abuse program when i came up hot the first time. which i believe is why i came up hot a second time. my wife just up and left me one day with my two daughters at that time in my life. If i could take it all back i most certainly would. Im a good person. I believe an even better soldier. I just ask the board to reconsider allowing me a chance to do the only job i've known how to do since i left military school at 16."

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: 100205
Discharge Received: 			   Date: 100527   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: ????? 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100119, wrongfully used marijuana between (091008-091106), reduction to Private (E-1), forfeiture of $699.00 pay per month for 2 months, suspended, to be automatically remitted if not vacated before (100717), extra duty and restriction for 45 days and an oral reprimand (FG)

090409, wrongfully used marijuana between (090119-090217), reduction to Private (E-1), forfeiture of $700.00 pay per month for 2 months, extra duty and restriction for 45 days and an oral reprimand (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: Reenl/080213    Current ENL Term: 6 Years  ?????
Current ENL Service: 	2 Yrs, 3  Mos, 15  Days ?????
Total Service:  		5 Yrs, 0  Mos, 28  Days ?????
Previous Discharges: 	USAR 050428-050629/NA
                                       RA      050630-080212/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 105   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (070205-080415)
Decorations/Awards: ARCOM (2), AAM, GCMDL, NDSM, GWOTSM, ICMw/CS, ASR, OSR, CIB

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 5 February 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that he tested positive for marijuana on (090217) and (091106), with an under other than honorable conditions discharge.  He was advised of his rights.  On 9 February 2010, the applicant consulted with legal counsel, was advised of 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 a general, under honorable conditions discharge and indicated that he would be submitting a statement in his own behalf. 
       
       The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 24 February 2010, the separation authority disapproved the applicant's conditional waiver and referred the case to an administrative separation board.  On 5 May 2010, the applicant was notified to appear before an administrative separation board and advised of his rights. 
       
       On 5 May 2010, the board met; the applicant appeared with his counsel.  The board recommended that the applicant be separated from the Army with a general, under honorable conditions discharge.  On 13 May 2010, the separation authority  waived further rehabilitative efforts and directed that the applicant be discharged 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 and the issue and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.   
       
       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 his service below that meriting a fully honorable discharge.  
       
       
       
       
       
       
       
       
       
       
       
       
       The analyst noted the applicant's issue that he felt as though he was being treated as if he wasn't a part of the unit and was even denied the army substance abuse program when he came up hot the first time, which he believes is the reason he came up hot a second time.  His wife just up and left him one day with his two daughters at a crucial time in his life.  The evidence of record shows that the applicant was enrolled in the Army Substance Abuse Program (DA Form 8003) and according to sworn testimony at his administrative separation board hearing he completed the Army Substance Abuse Program. 
       
       Further, while the applicant may believe his family problems at home and was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from his family problems through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  
       
       Aditionally, 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 the narrative reason for his discharge should be changed.  However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c(2), 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 (Drug Abuse)", and the separation code is "JKK."  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.  
       
       Therefore, 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: 25 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 7 November 2011, Birth Certificate issed 950507, letter verifying a social security number dated 11 August 2011. 















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						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: No Change
Other: No Change
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change

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 AR20110022517
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