Applicant Name: ?????

Application Receipt Date: 07/09/17	

Prior Review    Prior Review Date: None

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

Issues: Since discharged, I have been convicted of a felony, fleeing and evading in a motor vehicle, and was sentenced to three yrs deferred probation and have been given fines to pay as well.  I have completed twelve months of probation without incident and have paid my fines to the best of my ability.  My whole life has changed completely because of my military discharge.  I admit that I made a mistake and I did not realize how many people my decisions affect until that moment.  Being discharged hurt me the most because I took pride in being able to serve my country.  I have served overseas, and I have fought in Iraq, and I feel like I've disappointed everyone who served with me. I am asking to have my discharge changed so I can join the Army or the Marine Corps and be allowed to serve my country again.  The discipline and opportunities to educate my self will allow me to be a good soldier and a good father to my three children.  I am truly sorry for what I have done and realize that there is no room for any kind of irresponsible behavior in the military.  I want a second chance to be a part of the select few that serve willingly no matter what the circumstances.  I want to help my fellow soldiers that may be making some of the same mistakes I was before they ruin their chance to do something great.  I want to show that the military can be key in making people change for the better.  As evidenced by my record, I was not a continual behavioral problem and I was recommended for leadership programs and I think that speaks to my potential to excel in the Army if given a second chance.

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: 060221
Discharge Received:     Date: 060426   
Chapter: 14-12c    AR: 635-200
Reason: Misconduct (drug abuse)
RE:     SPD: JKK
Unit/Location: Co. B 1/SQD, 21st CAV BDE, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060103, wrongfully use marijuana, reduction to E3, foreiture of $820.00 for two months, extra duty for 45 days (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  8001  
HOR City, State: Washington, DC
Current ENL Date: 040107    Current ENL Term: 6 Years  ?????
Current ENL Service: 02 Yrs, 03Mos, 21Days ?????
Total Service:  05 Yrs, 04Mos, 23Days ?????
Previous Discharges: RA-001106-040101/HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 92F Petroleum Supply Specialist   GT: 86   EDU: HS Grad   Overseas: None   Combat: Irag (030209-031212).
Decorations/Awards: ARCOM, AAM, JMUA, NDSM, GWATEM, OSR.

V.  Post-Discharge Activity
Post Service Accomplishments: Not Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:

The evidence of record shows that on 21 February 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct—for wrongfully use marijuana (051006), with a general under honorable conditions discharge.  He was advised of his rights.  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 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 21 February 2006, 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 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 during the period of enlistment under review and the issue he submitted, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason for discharge.  The analyst noted the applicant's issue, however, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 14, Paragraph 14-12c, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)", the separation code is "JKK", and the reentry code is "RE 4".  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, separation code, entered in block 26, and RE Code, entered in block 27 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.  Furthermore, 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.  In view of the foregoing, the analyst determined that the reason for discharge 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: 23 July 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 0    No change 5   - 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 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: NA
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: ?????

XI.  Certification Signature and Date
Approval Authority: 

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

Official: 


CHRISTINE U. MARTINSON			DATE: 23 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070012959
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