Applicant Name:  

Application Receipt Date: 2009/07/06	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "It is my understanding in part that I was able to get at least a honorable/medical discharge for my drug abuse prior to my going AWOL. I even considered the Commander of Behavioral Health's discharge under Occupational Dissatisfaction, but I really like doing my job deep down. I was streessing due to my 2 atempts that year to complete Ranger School and just left my place of duty. I went home to clear my mind and prepare for my second deployement. I hadn't my heart set on getting discharged upon my return. At minimum I thought that I would be able to recieve an Honorable Discharge, because of the Colonel at Behavioral Health. But that ship had sailed and the lesser General Discharge had moved in along with a code 4 bar from reenlistement. I served in O.E.F. 7/8.5. Though I've been seperated from the Army I sincerely would reenlist to serve my country proudly this time around. I really hope that my application reaches the board's approval for an immediate appeal."

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: 090421
Discharge Received: 			   Date: 090505   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: Headquarters, 2-87th Inf Regt, Ft Drum, NY 

Time Lost: AWOL 40 days  (081128-090106), returned to unit

Article 15s (Charges/Dates/Punishment): 081112, wrongfully used marijuana (080908 and 081009); reduction to E1, forfeiture of $673 pay per month for two months, extra duty and restriction for 35 days (FG) 

Courts-Martial (Charges/Dates/Punishment): 090318, fail to go to appointment at Behavioral Health (081112), AWOL (081128-090106), wrongful use of marijuana (081022 & 081121) and broke restriction; forfeiture of $933 pay for one month and to be confined for 30 days (SCM).

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 050613    Current ENL Term: 4 Years  16 weeks
Current ENL Service: 	3 Yrs, 09Mos, 14Days ?????
Total Service:  		3 Yrs, 09Mos, 14Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 111   EDU: GED   Overseas: SWA   Combat: Afghanistan (060202-070531)
Decorations/Awards: ARCOMw/V Device, ARCOM, AAM, JMUA, NDSM, ACMw2CS, GWOTSM, NCOPDR, ASR, OSR, NATO Medal, CIB

V.  Post-Discharge Activity
City, State:  Little Rock, AR
Post Service Accomplishments: None submitted


VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on  13 April 2009, 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, fail to go to his appointment (081112),  AWOL (081128-090106), tested positive for marijuana (081009 and 081121) and being apprehended  by MP after a vehicle search resulting in possession of marijuana and drug paraphernalia, with a general, under honorable conditions discharge.  He was advised of his rights.  
       On 21 April 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Army 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 24 April 2009, the separation authority 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 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 analyst determined that the applicant’s discharge was appropriate because the quality of service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  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 service below that meriting a fully honorable discharge.  
       Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment. 
       Further, notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 14-12c(2), block 26 as separation code “JKK,” block 27 reentry code to 4, block 28, narrative reason for separation as “Misconduct (Drug Abuse).”   The separation authority approved the applicant be discharged under provisions of Chapter 14-12c.  In view of the foregoing, the analyst recommends to the Board that an administrative change be made to block 25, to read AR 635-200, Chapter 14-12c, block 26, separation code to read "JKQ", block 27 reentry code to read 3, and block 28, reason for separation to read “Misconduct (Commission of a Serious Offense) which was approved by the separation authority.   
       Therefore, the analyst determined the characterization of service was proper and equitable and recommends to the Board to deny relief. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 30 April 2010         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.   Additionally, the board voted to administratively correct block 25, to read AR 635-200, Chapter 14-12c, block 26, separation code to read "JKQ", block 27 reentry code to read 3, and block 28, reason for separation to read “Misconduct (Commission of a Serious Offense).  
        
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: Misconduct, Commission of a Serious Offense
Other: Change the Separation Authority to AR 635-200, Chapter 14-12c and SPD code to JKQ										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA






Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090011262
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