Applicant Name:  ?????

Application Receipt Date: 2009/07/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "The reason my discharge should be changed is because I served 8 yrs in the Army. I was discharged because of the use of illegal drugs. At the time of coming up with a positive test I was in a bad frame of mind and hadent been state side in about a year. I went home and just ran wild. I was unbecoming of a soldier and severely ruined my career and life with that mistake. When I returned and recieved my punishment I acted like I always did, on time for work, leading soldiers while still only being an E-1, and I met my wife who I am still with at Fort Hood. I have cleaned up and have been sober for a little over three years now. I grew up you should say. Its just bad that it took getting discharged to get right. Plus I have a four month old baby girl who I need to provide for and an upgrade to my discharge will help alot.  Thank you"

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: 070731
Discharge Received: 			   Date: 071206   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: E Co, 2nd Aviation Regiment, APO AP 96202  

Time Lost: AWOL for 13 days (060224-060306), mode of return unknown. 

Article 15s (Charges/Dates/Punishment): 070411, wrongful use of marijuana (070128-070226); reduction to E-1, forfeiture of $650 pay x 2 months (suspended), extra duty for 45 days, and restriction for 45 days (FG).  

060321, without authority, absented himself from his unit (060224-060306); reduction to E-1 (suspended), forfeiture of $636 pay x 2 months, extra duty for 45 days, and restriction for 45 days (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  28
Current ENL Date: 060112    Current ENL Term: ?? Years  ?????
Current ENL Service: 	01 Yrs, 10Mos, 12Days ?????
Total Service:  		08 Yrs, 00Mos, 27Days ?????
Previous Discharges: 	RA-991027-021008/HD
                                       RA-021009-060111/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92G10 Food Service Operations   GT: 100   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: ARCOM, AAM, AGCM-2, NDSM, GWOTSM, KDSM, ASR, OSR-2 

V.  Post-Discharge Activity
City, State:  Fort Hood, TX 
Post Service Accomplishments: None Listed

 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 31 July 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct-commission of a serious offense for wrongful use of marijuana (070128-070226), 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, 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 submitted a statement 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 16 November 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
       
       The analyst noted that on the applicant's DD Form 214 block 25, "Separation Authority" reads "AR 635-200, paragraph 14-12c," block 26 "Separation (SPD) Code " reads "JKQ," block 27 "Reentry Eligibility (RE) Code" reads "4," and block 28 "Narrative Reason For Separation," reads "Misconduct, (Serious Offense.)"   

       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, the issues 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 his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  
       
       By his misconduct, the applicant diminished the quality of his 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 analyst noted the applicant's issue that his discharge should be upgraded because he served eight (8) years in the Army.   In reviewing the applicant’s service record during the period of enlistment under review, the analyst considered all of the applicant's faithful and honorable service.  However, the analyst concluded that the discrediting entries in the applicant's record were not outweighed by prior or subsequent service of sufficient merit to warrant an upgrade of the discharge being reviewed.

             Further, 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 general, under honorable conditions discharge.  
       Regarding the applicant's issue that he needs to provide for family members.  The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       Also, the analyst found that someonf in the separation process erroneously entered on the applicant's DD Form 214, block 25, "Separation Authority" reads "AR 635-200, paragraph 14-12c," block 26 "Separation (SPD) Code " reads "JKQ," block 27 "Reentry Eligibility (RE) Code" reads "3," and block 28 "Narrative Reason For Separation," reads "Misconduct, (Serious Offense.)"  The analyst recommends that block 25, "Separation Authority" be administratively corrected  to read "AR 635-200, paragraph 14-12c(2)," block 26 "Separation (SPD) Code " to read "JKK," block 27 "Reentry Eligibility (RE) Code" to read "4," and block 28 "Narrative Reason For Separation," to read "Misconduct, (Drug Abuse,)" according to AR 635-5-1.
       
       Except for the foregoing modification to the applicant's Separation Authority, Separation (SPD) Code, Reentry Eligibility (RE) Code, and the Narrative Reason For Separation, 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: 7 May 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214 dated (071206) and a Report and Certificate of Marriage.

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 ARBA Support Division-St Louis to administratively correct block 25, "Separation Authority" to read "AR 635-200, paragraph 14-12c(2)," block 26 "Separation (SPD) Code " to read "JKK," block 27 "Reentry Eligibility (RE) Code" to read "4," and block 28 "Narrative Reason For Separation," to read "Misconduct, (Drug Abuse.)"

Except for the foregoing modification to the applicant's Separation Authority, Separation (SPD) Code, Reentry Eligibility (RE) Code, and the Narrative Reason For Separation, 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 correct block 25, "Separation Authority" to read "AR 635-200, paragraph 14-12c(2)," block 26 "Separation (SPD) Code " to read "JKK," block 27 "Reentry Eligibility (RE) Code" to read "4," and block 28 "Narrative Reason For Separation," to read "Misconduct, (Drug Abuse.)" 										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
































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 AR20090011485
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