Applicant Name:  ?????

Application Receipt Date: 08/10/20	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and supporting documentation submitted by the Applicant.

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: 070627
Discharge Received: 			   Date: 080104   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: HQ, 1st Inf Div, Ft. Riley, KS 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070606, Wrongful use of cocaine (070225-070228); Forfeiture of $2352.00 pay per month for two months, one month suspended; restriction for 60 days, suspended, and written GOMR reprimand (GO).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  48
Current ENL Date: 051103    Current ENL Term: 06 Years  ?????
Current ENL Service: 	02 Yrs, 02 Mos, 02 Days ?????
Total Service:  		28 Yrs, 00 Mos, 10 Days (Computation based on best available records)
Previous Discharges: 	RA - 790625-820405/HD
                                       RA - 820406-850107/HD
                                       RA - 850108-900524/HD
                                       RA - 900525-920801/HD
                                       USAR IRR - 920802-951127/NA
                                       ARNG - 951128-960801/HD 
                                       USAR - 960802-990502/NA
                                       OAD - 990502-000108/HD
                                       USAR - 000109-030802/NA
                                       OAD - 030803-030926/HD
                                       USAR - 030927-031016/NA
                                       OAD - 031017-051102/HD

Highest Grade: E8		Performance Ratings Available: Yes    No 
MOS: 74B  Info Sys Opr-Analyst   GT: 114   EDU: HS Grad   Overseas: Hawaii, Republic of Korea, Kuwait   Combat: Hungary, Bosnia
Decorations/Awards: MSM, ARCOM (2), AAM, AGCM (3), NDSM (2), AFEM, GWOTEM, GWOTSM, NCOPDR (3), ASR, OSR (2), AFRM w/ M device (2), NATO Medal

V.  Post-Discharge Activity
City, State:  West Memphis, AR
Post Service Accomplishments: None submitted by the Applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 27 June 2007, the unit commander notified the Applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct— wrongful use of cocaine (070225-070228), with an under other than honorable conditions discharge.  The Applicant was advised of her rights.  On 28 June 2007, the Applicant consulted with legal counsel and requested consideration of her case by an administrative separation board.  On 23 July 2007, the Applicant was notified to appear before an administrative separation board and advised of her rights.  On 17 August 2007, the administrative separation board convened.  The Applicant appeared with counsel.  The board recommended that the Applicant be discharged with issuance of a character of service of under other than honorable conditions.  On 30 August 2007, the Applicant submitted a rebuttal memorandum to the board findings requesting a new board and alleging that the board lacked jurisdiction.  On 12 September 2007 the separation authority denied the request and approved the recommendation of the administrative separation board and recommended that the Applicant be discharged with a characterization of service of general, under honorable conditions.  On 28 December 2007, the Assistant Secretary of the Army (Manpower and Reserve Affairs), approved the separation and directed that the Applicant would be discharged with a characterization of service under other than honorable conditions, and be issued a Separation Program Designator Code of JKK - Misconduct (Drug Abuse) and a Reentry Eligibility Code of 4.  The Applicant was to be reduced to the lowest enlisted grade of Private E-1.

       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 the Applicant’s available military records, and the issue and documents submitted with the application, the analyst found several mitigating factors that would merit a partial upgrade of the Applicant's characterization of service to general, under honorable conditions.  The analyst does not condone the Applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The analyst found that the length and quality of the Applicant's service mitigated the discrediting entries in her service record.  Accordingly, the analyst recommends that the Applicant’s characterization of service be upgraded to general, under honorable conditions.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.  This action entails restoration of grade to E-8/MSG.  
       Notwithstanding the propriety of the Applicant's discharge, the analyst determined that the Applicant was incorrectly assigned a reentry eligibility (RE) code of “3”.  Therefore, the analyst recommends that the reentry eligibility code be administratively changed to RE-4.  Except for the foregoing modification to the Applicant's reentry eligibility (RE) code, the analyst found that 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: 7 August 2009         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 characterization of service was too harsh based on the Applicant’s length and quality of her service to include her service in a hostile environment and, as a result, it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  The Board determined that the reason for discharge was proper and equitable and voted not to change it.  This action entails restoration of grade to E-8/MSG.  The Board directed an administrative correction be made to the Applicant's reentry eligibility code to RE '4'.

        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 4    No change 1
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: No Change
Other: Change RE Code to RE4										
RE Code: 
Grade Restoration:   No   Yes   Grade: Restoration of grade to E-8/MSG.
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080016470
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