Applicant Name:  ?????

Application Receipt Date: 2009/03/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states, "I had Transferred from Ft. Carson where I was being treated for PTSD to Ft Stewart. The mental health paperwork did not follow and my care had been dropped. Upon learning of my wife filing for a divorce and giving away my child while I was preparing for PLDC. I made a bad desicion. I wanted to go to Iraq with my fellow soldiers, but was not given the chance. I carried out my punishment with utmost disipline and respect. Have never had any problems since and am currently continuing treatment for PTSD by the VA. I am a college student and do not need a medically justified mistake to follow me for the rest of my life. Please allow me the chance to continue the life that the military has allowed me to build without this blemish which is clearly a result of the PTSD as I have had an outstanding service otherwise."

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: 020924
Discharge Received: 			   Date: 021125   Chapter: 14-12C(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: A Battery, 1st BN 3D AD, Ft Stewart, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 020731, wrongfully use amphetamine and methamphetamine, a schedule I controlled substance on or about (011101-011130), reduction to E1, forfeiture of $552 per month for two months, suspended, to be automatically remitted if not vacated before 030127, extra duty for 45 days; and restriction to the limits imposed by the commander for 45 days, suspended, to be automatically remitted if not vacated before 030127 (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 010930    Current ENL Term: 4 Years  ?????
Current ENL Service: 	1 Yrs, 02Mos, 15Days ?????
Total Service:  		6 Yrs, 04Mos, 21Days ?????
Previous Discharges: 	RA 980930-000929 HD
                                       RA 960904-980929 HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 14R/LOS-F-H Crewmember   GT: 121   EDU: HS Letter   Overseas: Korea   Combat: None
Decorations/Awards: ARCOM, AAM x2, AGCM, NDSM, OSR, ASR

V.  Post-Discharge Activity
City, State:  Savannah, GA
Post Service Accomplishments: None submitted



VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 24 September 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph12c(2), AR 635-200, by reason of misconduct—for abuse of illegal drugs in that he tested positive for amphetamine and d-methamphetamine on (011111), 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 submitted 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 honorable conditions discharge.  On 4 November 2002, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of 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 a change to the applicant's narrative reason for discharge.  The analyst noted the applicant's issue; however, the narrative reason specified by Army Regulation 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.  Additionally, the analyst acknowledges the applicant's successful transition to civilian life and noted the diagnosis of PTSD outlined in the documents with his application.  However, in review of the applicant’s entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted, the applicant fully understood the difference between right and wrong when he committed the misconduct that caused the unit commander to initiate the separation action.  
       
       The analyst further found that the record indicates that the Special Court Martial Convening Authority (SPCMA) approved the applicant's discharge with an honorable characterization of service; however, the Special Court Martial Convening Authority could only order an honorable discharge when authorized by the General Court Martial Convening Authority (GCMCA) in accordance with AR 635-200, Section III, paragraph 1-19c (2)(a).  Absent evidence to the contrary, the analyst presumed government regularity and that the Special Court Martial Convening Authority had acquired the General Court Martial Convening Authority's approval and directed that the applicant be separated from the Army with the issuance of an honorable discharge.  Apparently, the Army Transition Center inappropriately entered on the DD Form 214 the characterization of service as general, under honorable conditions.
       
         In view of the foregoing, the analyst recommends to the board that an administrative change be made to the applicant's DD Form 214, block 24; characterization of service to fully "honorable".  Additionally, the analyst also found that the applicant's DD Form 214, block 26, shows that the applicant received a Separation Code as "JKK"; however, someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as "3".  The appropriate Reentry Eligibility Code with a Separation Code of JKK should be "4".  Accordingly, the analyst recommends to the Board that an administrative change be made to the applicant's DD Form 214, block 27, to read, "RE Code 4". 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 5 August 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: None


VIII.  Board Discussion, Determination, and Recommendation
          Notwithstanding the propriety of the applicant's discharge, the Board found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as general, under honorable conditions.  In view of the error, the Board directed that an administrative change be made to block 24, character of service to "Honorable”, as approved by the separation authority.  Additionally, the applicant's DD Form 214, block 26, shows that the applicant received a Separation Code as "JKK"; however, someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as "3".  The appropriate Reentry Eligibility Code shows "4".  Except for the foregoing modification to the applicant's characterization of service and RE Code, the Board determined that the reason for separation was both proper and equitable and voted not to change it.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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 AR20090004676
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