Applicant Name:  ?????

Application Receipt Date: 2008/11/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and additional documents 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: 020430
Discharge Received: 			   Date: 020624   Chapter: 14-12C(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: C Company, 551st Signal BN, Ft Gordon, GA 

Time Lost: AWOL X2 for 5 days; (000908-000911) 4 days and (020615-020616) 1 day, surrendered

Article 15s (Charges/Dates/Punishment): 020308, wrongfully use cocaine, (020103-020107), reduction to E1, suspended, to be automatically remitted if not vacated before 020608, forfeiture of $200 pay per month for two months, extra duty and restriction for 45 days (FG).

010321, wrongfully used a controlled substance, cocaine (001222-010122), forfeiture of $521 per month for two months, extra duty for 45 days and restriction for 45 days, suspended, and will be automatically remitted if not vacated before 010917 (FG).

001002, AWOL (000908-000912), 5 days, reduction to E1, (FG).

000705, fail to go at the time prescribed to your appointed place of duty X4, (000514, 000518, 000519x2), forfeiture of $263 and extra duty for 7 days, reduction to E2, suspended, and will be automatically remitted if not vacated before 000902, (CG).

990616, fail to go at the time prescribed to your appointed place of dutyX2 (990513 & 990519), fail to obey an order (990515), forfeiture of $223 pay for one month, suspended, to be automatically remitted is not vacated before 990723, extra duty and restriction for 7 days (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 980930    Current ENL Term: 4 Years  ?????
Current ENL Service: 	03 Yrs, 08Mos, 19Days ?????
Total Service:  		03 Yrs, 08Mos, 19Days ?????
Previous Discharges: 	None
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: None   GT: 116   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM

V.  Post-Discharge Activity
City, State:  Chadbourn, NC
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 1 May 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12C(2), AR 635-200, by reason of misconduct for testing positive for cocaine on 010122 and 020107 urinalysis, AWOL from 000908-000912; and a pattern of misconduct consisting of failure to repair and disobeying an order, with a general, under honorable conditions discharge.  She was advised of her rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted 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 19 June 2002, the separation authority determined that the medical condition in the Physical Evaluation Board Report had not been determined to be the direct or substantial contributing cause of the conduct that led to the recommendation for administrative elimination.  She further stated that there are no other circumstances that warranted disabiility processing instead of the further processing for administrative separation.  She 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 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 all the applicant’s military records, and the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s discharge was appropriate because the quality of the former Soldier’s service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By the misconduct, the applicant diminished the quality of service below that meriting a fully honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  The record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.  Notwithstanding the propriety of the Applicant's discharge, the analyst noted that someone in the discharge process erroneously entered on the Applicant's DD Form 214, block 27, Reentry Code, as RE 3.  Seperation Program Designator (SPD/Reentry (RE) Codes Cross-Reference Table, dated 15 June 2006, specifies the RE Code for SPD JKK, which the Applicant received, shall be RE 4.  In view of the foregoing, the analyst recommends to the Board that an administrative change be made to block 27 to reflect RE 4.  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: 21 August 2009         Location: Washington, DC

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.  In its review, the Board noted an administrative error on the DD Form 214, block 27, reentry code and directed an administrative correction be made to read "RE4".
        
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
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 AR20080018494
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