Applicant Name:  ?????

Application Receipt Date: 2012/01/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was wrongly accused of drug abuse and was told that everything would be OK.  He is aware that he was accused of possession of spice which was not considered a drug.  He loved the Army and was a good Soldier.  He is now having difficulties finding a job due to his discharge and is requesting that the drug abuse part be removed from his record.  He is not a bad person but he has been labeled as a drug user.

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: NIF
Discharge Received: 			   Date: 110120   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: 74th Bridge Co, 62d EN Bn, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 101022, violation of a General Order by wrongfully possessing spice (100513), 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: 100405    Current ENL Term: 3 Years  ?????
Current ENL Service: 	00 Yrs, 09 Mos, 16 Days ?????
Total Service:  		00 Yrs, 09 Mos, 16 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 12C10/Bridge Crewman   GT: 94   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that 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 spice, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 1 December 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, submitted a conditional waiver (was not entitled), and submitted 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 elimination action and recommended approval with a general, under honorable conditions discharge.  
       
       On 20 December 2010, the separation authority waived further rehabilitative efforts 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, and the issue 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.  By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  
       
       The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  
       
       Therefore, the analyst determined the characterization of the applicant's service was proper and equitable and recommends to the Board to deny relief.   However, notwithstanding the propriety of the applicant's discharge, the analyst determined that prior to 1 March 2011, "spice" was a synthetic cannabis but not yet an illegal drug.  In view of the foregoing, the analyst determined the narrative reason for the discharge is inequitable and 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: 1 June 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: None








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 also determined that spice at the time, was not considered an illegal drug.  Therefore 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 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) with corresponding SPD code of JKQ
Other: Change the authority for discharge to AR 635-200, paragraph 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 AR20120001761
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