Applicant Name:  ?????

Application Receipt Date: 2008/10/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states that "I believe I had been punished a great deal before I was actually discharged and to have the word in capital letters MISCONDUCT on your DD214 when you're trying to get a job in the civilan world doesn't help me survive.  I was punished plenty before they actually booted me out, so why the black mark on my record.  Why does smoking a joint, out weigh the dedicated 12 years I did for my country and military...and why does it have to haunt me for my future.  I did outprocess Ft Irwin and there were numerous mistakes on my DD214 before I could even sign it...numerous corrections about 8 or 9 the first time.  At one point my entire folder had went missing in the office and they accused me directly of taking it, which they later found on one of the specialist desks.  I don't think my DD214 is correct and I would like to have the MISCONDUCT removed.  I have written the DOD and they have changed the re-entry code already due to inaccuracy.  I did the crime and I did the time, but I don't deserve to pay for this my entire working life.  Also, once I came up positive for marijuana I had to submit to urine tests anytime the unit took one.  I was told the entire reason I got discharged was because my the percentage of THC in my second urine sample was higher than the first one, so in that regard the board automatically assumed I was still indulging in the drug, but I was not.  I have no explanation for increase except that I was very, very depressed and loosing alot of weight in a short amount of time, or the lab was wrong.  If that second test was lower than the first one would I still be in...probably not but that's what I was told was the entire reason for my discharge. The following occured before I actually had any board preceedings: I got demoted;  I was fined thousand dollars or more I think; I got two weeks extra duty;  I lost my job;  I lost my soldiers;  I was labeled and humilated;  I attended ADAPC and passed;  I got the charge put on my record.  What else could they do but let me stay in my career after all this.  After 3 months of this they discharge me honorably with a huge MISCONDUCT in the block...seems like a contradicion to me".

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: 010821   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: HHC AFNORTH Bn, US Army NATO, APO AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 010222, at or near Brunssum, the Netherlands, between on or about 12 November 2000 and 12 December 2000, the applicant wrongfully used marijuana, a controlled substance; reduction to Sergeant (E-5), forfeiture of $500.00 pay per month for 2 months, extra duty for 30 days (FG).

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 










IV.  Soldier’s Overall Record
Age at current enlistment:  30
Current ENL Date: 000707    Current ENL Term: Indefinite Years  ?????
Current ENL Service: 	01 Yrs, 01Mos, 14Days ?????
Total Service:  		12 Yrs, 01Mos, 16Days ?????
Previous Discharges: 	RA 970130-000706/HD
                                       RA 950519-970129/HD
                                       RA 890705-950518/HD
Highest Grade: SSG		Performance Ratings Available: Yes    No 
MOS: 63B20/Light Wheel Vehicle Mechanic   GT: 113   EDU: HS GRAD   Overseas: SWA, Germany, Korea, Kosovo, Netherlands   Combat: Iraq (910503-910616)
Decorations/Awards: NATO Medal, ARCOM (2), JSAM (2), AAM (6), JMUA, AGCM (3), NDSM, KCM, SWASM, HSM (2), NCOPDR w/Num 2, ASR, OSR (3), KLM-KU, KLM-SA, ARCM

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The facts and circumstances pertaining to the applicant’s discharge from the Army are not contained in the available records.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 12c(2) by reason of misconduct, with a characterization of service of Honorable.  Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct- drug abuse).  
       
       The evidence of record contains a General Officer Administrative Reprimand dated 15 February 2001.

       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 carefully examining the applicant’s record of service during the period of enlistment under review and the issue submitted with the application, the analyst determined that the discharge was both proper and equitable.  The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the special trust and confidence placed in a non-commissioned officer (NCO).  The applicant, as a NCO, 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 the misconduct diminished the quality of service below that meriting a fully honorable discharge.  Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.  The analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Furthermore, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst, considering the absence of evidence to the contrary, presumed government regularity in the discharge procedure and was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 28 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 reason for discharge was both proper and equitable and voted to deny relief.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change NA    No change NA
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: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080016522
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