Applicant Name:  ?????

Application Receipt Date: 2009/03/06	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: 	NIF   Date: NIF
Discharge Received: 			   Date: 050316   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: South Jersey Recruiting Co, USARB Mid Atlantic 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040521, wrongful use of cocaine (040302-040402); reduction to E-4 (suspended), forfeiture of $500 pay x 2 months.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  35
Current ENL Date: 030915/OAD    Current ENL Term: NIF Years  ?????
Current ENL Service: 	01 Yrs, 06Mos, 02Days ?????
Total Service:  		12 Yrs, 01Mos, 22Days ?????
Previous Discharges: 	USAR-930125-020124/NA
                                       USAR-020209-030914/NA
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 79R20 Recruiter   GT: NIF   EDU: 12 Years   Overseas: None   Combat: None
Decorations/Awards: GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Philadelphia, PA
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the specific facts and circumstances concerning the events that led to a discharge from the United States Army Reserve/Active Guard Reserve.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, Paragraph 14-12c(2), AR 635-200, by reason of misconduct, with a general, under honorable conditions discharge.  Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct-drug abuse), with a reentry eligibility (RE) code of " 3."  On 28 February 2005, DA, U.S. Army Human Resources Command, St. Louis, MO, Orders D-02-590042, discharged the applicant from the United States Army Reserve/Active Guard Reserve, effective date:  16 March 2005. 
       
       The analyst noted that on the applicant's DD Form 214 block 27, reentry eligibility (RE) code reads "3;" however, the applicant was discharged under the provisions of under the provisions of Chapter 14, Paragraph 14-12c(2), AR 635-200, according to AR 635-5-1, Separation Program Designator (SPD)/Reentry (RE) Codes Cross-Reference Table, requires an reentry eligibility (RE) code of "4."  

       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 available 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’s record is void of the specific facts and circumstances concerning the events that led to a discharge from the United States Army Reserve/Active Guard Reserve.  However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14,  Paragraph 14-12c(2), AR 635-200, by reason of misconduct-drug abuse, with a characterization of service of general, under  honorable conditions.  Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Furthermore, the analyst noted the applicant's issue; however, 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. 
       
       Additionally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 27, reentry eligibility (RE) code of  "3."  The analyst recommends that block 27 be administratively changed to "4" as approved by the separation approving authority.  Except for the foregoing modification to the applicant's reentry eligibility (RE) code, the analyst determined 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: 4 December 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 directs that the ARBA Support Division-St Louis to administratively change block 27, reentry eligibility (RE) code to "4."  Except for the foregoing modification to the applicant's reentry eligibility (RE) code, the Board determined that the discharge was both proper and equitable and voted to deny relief.  

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: The Board directs ARBA Support Division-St Louis to administratively change block 27, reentry eligibility (RE) code to "4."  										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090007157
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