Applicant Name:   

Application Receipt Date: 2008/02/01	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "My discharge is "under honorable conditions(general). reason for separaion is stated "misconduct, serious offense". my reentry code is 4. I do believe that is a mistake. The regulations state I can never join the active army with the RE code 4. Also I had never been charged with misconduct. I was given a field grade article 15 for "wrongfull use of marijuana". I have attempted to obtain a copy of that artile 15 from my privious unit. The PAC clerk says my file does not exist. I found that to be strange given the regulations of how long a article 15 must be kept on file.  my drug test was taken as I was still an E4 SPC. I was promoted to SGT E5 after the test had ben taken. However I was punished as an E5 meaning the regulation stated manditory removal as an E5. my only goal is to return to active duty and retire as a honorable military man. I also know the regulation states that if I had been convicted of marijuana use I could with a wavier return to active service after a period of 2 years witch has passed. However, with my re code being 4 insted of 3 the recruiters say they can not touch me. Now that means that with the charge I had been given my dd214 has to have an error. the reg clearly states that I should be able to return to service. however my 214 should not say "misconduct, serious offense. it should say wrongfull use of marijuana. because of that error the re code was 4. that is also incorrenct according to the regulation the recruiters have had me read personally. the re code should not be 4. please help with my records so I can return to active service."

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: 051214
Discharge Received: 			   Date: 060112   Chapter: 14-12c      AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: HHC, 10th, Mtn Div (LI), Fort Drum, NY  

Time Lost:  None

Article 15s (Charges/Dates/Punishment): 050928, wrongful use of marijuana (050501-050601); reduction to Specialist (E4); forfeiture of $938 per month for two months; extra duty for 45 days; written reprimand.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 041005    Current ENL Term: 4 Years  ?????
Current ENL Service: 	1 Yrs, 3Mos, 8Days ?????
Total Service:  		5 Yrs, 11Mos, 23Days ?????
Previous Discharges: 	RA 000120-041004/HD
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 25U20/SIG SUPT SYST SPEC   GT: 116   EDU: HS GRAD   Overseas: Afghanistan   Combat: Afghanistan (030901-040331)
Decorations/Awards: ARCOM, AAM, JMUA, MUC, AGCM, NDSM, GWOTEM, GWOTSM, ASR, ACM

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 on 14 December 2005, 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  on 28 September 2005, the applicant received a Field Grade Article 15, for wrongfully using marijuana between on or about 1 May 2005 and 1 June 2005, 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  28 December 2005, the separation authority 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 "JKQ", 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. 
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
        

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 14 November 2008         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

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						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
								         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: No Change
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080002106
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