Applicant Name:  ?????

Application Receipt Date: 2009/02/18	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 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: 010508
Discharge Received: 			   Date: 010908   Chapter: 14-12c(1)      AR: 635-200
Reason: Misconduct	   RE:     SPD: JKD   Unit/Location: B Co, 201st FSB, APO AE 09112 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 001128, wrongful use of marijuana (000906); reduction to E-2, forfeiture of $263 pay, and extra duty for 14 days (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 990907    Current ENL Term: 3 Years  ?????
Current ENL Service: 	02 Yrs, 00Mos, 02Days ?????
Total Service:  		02 Yrs, 00Mos, 02Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 63H10 Track Vehicle Repairer   GT: 89   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  Commerce, GA
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 8 May 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Paragraph 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense for wrongful use of marijuana and false swearing, with an under other than honorable conditions discharge.  He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board, 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 general, under honorable conditions discharge.  The senior intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 9 May 2001, again the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions, and will submit a statement in his own behalf.  On 13 June 2001, the separation authority referred the applicant's case to the Vilseck Area Standing Separation Board.  On 31 July 2001, again the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon the command not pursuing the Summary Court-Martial he is currently pending, and did not submit a statement in his own behalf.  On 17 August 2001, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of  under other than honorable conditions.  The applicant was to be reduced to the lowest enlisted rank.
       
       The analyst noted that on the applicant's DD Form 214, block 25, "Separation Authority" reads "Paragraph 14-12c(1)," and block 26, "Separation (SPD) Code " reads "JKD."  However, the separation authority approved the applicant's discharge under the provisions of Chapter 14, Paragraph 14-12c, AR 635-200, by reason of commission of a serious offense, which the separation code is "JKQ." 

       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 issues he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a Soldier.  The applicant, as a Soldier, 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 diminished the quality of his service below that meriting a fully honorable discharge.  Furthermore, the analyst noted the applicant's issue and determined that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.  Finally, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       Additionally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 25, "Separation Authority" reads "Paragraph 14-12c(1)," and block 26, "Separation (SPD) Code " reads "JKD."  The analyst recommends that block 25, "Separation Authority" be administratively changed to  "AR 635-200, Paragraph 14-12c," and block 26, "Separation (SPD) Code" changed to "JKQ."  Except for the foregoing modification to the applicant's separation authority, and separation (SPD) code , the analyst determined that the reason for discharge and the characterization of service were both proper and equitable.
       
VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 25 November 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: 




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 is too harsh, and as a result it is inequitable.  The Board determined that the length of the applicant’s service and the intermediate commander's recommendation for a characterization of service of general, under honorable conditions, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.  This action entails a restoration of grade to PV2/E-2.

Further, the Board directs ARBA St. Louis to administratively change block 25, "Separation Authority" to "Paragraph 14-12c," and block 26, "Separation (SPD) Code " to "JKQ."  
        
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: The Board directs ARBA St. Louis to administratively change block 25, "Separation Authority" to "Paragraph 14-12c," and block 26, "Separation (SPD) Code " to "JKQ."								
RE Code: 
Grade Restoration:   No   Yes   Grade: PV2/E-2
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090006416
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