Applicant Name:  

Application Receipt Date: 2011/11/28	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that when he was discharged, his unit had just returned from a tour in Iraq.  At that time, he had been married for four years and was having marital issues.  He was a fine and dedicated Soldier, upholding his position with pride and honor.  He was a Soldier of the month in Iraq, and he was physically fit and a team player throughout his career.  He was severely depressed with his marriage crumbling.  He he did not know who to turn to.  He has accepted the fact that he made a mistake years ago and blames no one but himself.  All his hard work and character went down the drain because of his immaturity.  He was timid to ask for help with his personal life.  He was drug tested and “THC” was found in his system.  He was tested again a week later—he believes that it was too soon because the drug wasn’t given a chance to leave his system.  He is not a marijuana smoker and he was never caught in possession.  When it was introduced to him, it was out of character for him to try it in the first place.  He asks that if his request for an upgrade is denied, that his reentry code be changed.  He admits that he made a mistake and he would desperately love and appreciate it if it could be corrected.  He had an obligation that was not fulfilled.  It tears him down because he knows that he is not a quitter.  Whatever he needs to do to make it right is what he is ready and willing to do.  He pleads to please check and evaluate his military records.  He would like to reenlist if possible.  He concludes that there will be no disappointments or regrets on the Board’s behalf for their decision.  He asks to please believe in him, although he was not man enough to believe in himself at the time.  He expresses his appreciation. 

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: 040803
Discharge Received: 			   Date: 040824   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: 63d Chemical Company, 801st Main Spt Bn, 101st Airborne Division (Air Assault), Fort Campbell, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040720, wrongful use of marijuana, reduced to E-1; forfeiture of $597 for one month (suspended); 45-day extra duty; 45-day restriction (suspended), (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: 021010    Current ENL Term: 3 Years  ?????
Current ENL Service: 	01 Yrs, 10 Mos, 15 Days ?????
Total Service:  		01 Yrs, 10 Mos, 15 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 74D (Chemical Oper Spec)   GT: 103   EDU: HS Grad   Overseas: SWA   Combat: Iraq (030819-040404)
Decorations/Awards: NDSM; GWOTEM; GWOTSM; ASR; OSR

V.  Post-Discharge Activity
City, State:  
Post Service Accomplishments: None
VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 3 August 2004, 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—for receiving a FG Article (040720) for testing positive for marijuana, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 3 August 2004, the applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 9 August 2004, 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 and the issue 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 applicant contends he is entitled to an upgrade of his discharge because of mitigating circumstances which contributed to his misconduct.  Specifically, he claims family issues at home resulted in his discharge.  While the applicant may believe his stress at home was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  
       
       The analyst noted that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.  The analyst also noted the applicant's issues about his desire to rejoin the Service.  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.  An RE Code of 3 indicates the requirement for a waiver prior to being allowed to reenlist. The local recruiter can best determine eligibility to reenlist and can advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.
       
       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: 16 May 2012         Location: Washington, D.C.
Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated 21 November 2011 with self-authored statement.

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.  Further, notwithstanding the propriety of the applicant's discharge, the Board determined that the applicant’s narrative reason for the discharge is inequitable based on the circumstances (the separation authority approved a Chapter 14-12c discharge).  The Board voted to correct block 25, to read separation authority to read “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.  
        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
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: "AR 635-200, paragraph 14-12c"
Other: Change Separation Code to "JKQ" and Narrative Reason for Separation to "Misconduct (Serious Offense)"
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 AR20110023725
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