Applicant Name: ?????

Application Receipt Date: 070806	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: I would like to get back in to the military soon and I feel this would hold me back.  I was only 19 years old at the time and I didnt fully understand how great of an opportunity this position was and I do greatly regret it.  I am now 25 years old and would like to join the military again some day.  The misconduct was marijauana and it was taken on convalescent leave from prtp.  Please understand where I am coming from, even if it is not the best discharge status (honorable) then please not misconduct, please.  

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 020605
Discharge Received:     Date: 020624   
Chapter: 14    AR: 635-200
Reason: Misconduct
RE:     SPD: JKD
Unit/Location: 120th AG Bn (Rec), Fort Jackson, SC 29207 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 020503, wrongfully used marijuana between (020302-020402), forfeiture of $238 x 1 (suspended), extra duty for 14 days and restriction for 14 days (CG).

020410, conspired with another Soldier to commit larceny of food of a value less than $100, property of the cadre, extra duty for 14 days and restriction for 14 days (CG).

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  8207  
HOR City, State: Baltimore, MD
Current ENL Date: 011121    Current ENL Term: 4 Years  ?????
Current ENL Service: 00 Yrs, 07 Mos, 04Days ?????
Total Service:  00  Yrs, 07 Mos, 04 Days ?????
Previous Discharges: None
Highest Grade: E-1
Performance Ratings Available: Yes    No 
MOS: NIF   GT: 99   EDU: GED Cert   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 5 June 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-abuse of illegal drugs for wrongful use of marijuana between (020302-020402), with a general, under honorable conditions discharge.  She was advised of her rights.  The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her 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 a general, under honorable conditions discharge.  On 18 June 2002, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
      
The analyst noted on the applicant's DD Form 214 that block 24, character of service reads uncharacterized, however, the separation authority approved the applicant's discharge with a characterization of service of general, under honorable conditions.  Further, block 26, separation code reads "JKD," which according to AR 635-5-1 Separation Program Designator (SPD Codes, denotes AWOL). 



  

      b.  Legal Basis for Separation:  
      Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 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, but a general discharge 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 issues she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  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 her service below that meriting a fully honorable discharge.  Furthermore, the analyst noted the applicant's issue; however, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant desires to reenlist, she should contact the local recruiter to determine her eligibility to reenlist.  Those individuals can best 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.  Additionally, 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. 
      
      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 24, character of service as uncharacterized, and block 26, separation code  "JKD."  In view of the foregoing, the analyst recommends to the Board that an administrative change be made to block 24, character of service to "general, under honorable conditions" and block 26, separation code to "JKK," which was approved by the separation authority.  Except for the foregoing modification to the applicant's characterization of service and the separation code, the analyst determined that the discharge was both proper and equitable.
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 6 August 2008              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA




VIII.  Board Decision
The discharge was:			Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Equitable	 	Inequitable	

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

IX.  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 noted that the separation authority approved the applicant's discharge with a characterization of service of general, under honorable conditions with a separation code "JKD."  In view of the foregoing the Board voted to administratively change block 24, character of service to "general, under honorable conditions" and block 26, separation code to "JKK" on the applicant's DD Form 214.  Except for the foregoing modification to the applicant's characterization of service and the separation code, the Board determined that the discharge was both proper and equitable and voted to deny relief.

















								        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: Change SPD Code to "JKK" under AR 635-5-1
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 8 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070010864
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