Applicant Name:  ?????

Application Receipt Date: 2009/06/30	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues:  1.  Employment opportunities.
              2.  GI Bill Benefits.

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: 080326
Discharge Received: 			   Date: 080509   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: 502d Engineer Co, APO, AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 071126, Wrongfully used marijuana on or about 070918; reduction to the grade of E1, forfeiture of $650 pay per month for two months, extra duty and restriction for 45 dyas (FG).

060712, As a result of wrongful previous overindulgence in intoxicating liquor, incapacitated for the proper performance of his duties on or about 060601; reduction to Private (E-1), forfeiture of $636 pay per month for two months, extra duty and restriction for 45 days (FG).

Courts-Martial (Charges/Dates/Punishment): 080311, Summary Court-Martial-for wrongfully using cocaine x 2, (071001-071004 & 080121-080125); and failing to go at the time prescribed to his appointed place of duty x 3, (071029, 071214 & 080105); forfeiture of $898 pay per month for one month with only $150 pay per month for one month approved and confinement for 15 days (SCM)

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  29
Current ENL Date: 050915    Current ENL Term: 3 Years  21 Weeks/The applicant required a moral waiver at the time of enlistment, which was approved on 050830.
Current ENL Service: 	2 Yrs, 07Mos, 25Days ?????
Total Service:  		2 Yrs, 07Mos, 25Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 62B10 Construction Equip Rep   GT: 104   EDU: GED Cert   Overseas: Germany, SWA   Combat: Iraq (060928-070628)
Decorations/Awards: ARCOM, MUC, NDSM, GWOTSM, ICM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.







VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 26 March 2008, 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; in that he wrongfully used marijuana (070918), wrongfully used cocaine x 2 (071001 & 080121); and three separate incidents of failure to go to his appointed place of duty, with a general, under honorable conditions discharge.  He was advised of his rights. 
       
       On 28 March 2008, 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 17 April 2008, the separation authority determined that the applicant be processed through administrative separation and not under the physical disability system because the applicant's medical condition was not the direct or substantial contributing cause of the conduct that led to the recommendation for administrative elimination.  He further 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 a careful review of all the applicant’s military records, the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The analyst determined that 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.  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. 
       
       The analyst noted the applicant's issues desiring to serve in Afghanistan with an employer, but cannot get hired without a change in his discharge and that he would also like to go to school; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
       
       Further, eligibility for veteran benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  In view of the foregoing, 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: The applicant submitted a self authored statement in support of his records review.

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 25, separation authority as AR 635-200, paragraph 14-12c(2), block 26 separation code as "JKK" , block 27 (Reentry Code) as 4, and block 28, narrative reason for separation as “Misconduct (Drug Abuse).”  In view of the error, the Board directed that an administrative change be made to block 25 to reflect AR 635-200, paragraph 14-12c; block 26 to reflect JKQ; block 27 to reflect Reentry Eligibility Code “3”; and block 28 to reflect Misconduct (Serious Offense), and issue you a new DD Form 214.  Except for the foregoing modification to the applicant's DD Form 214, 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: NA
Other: The Board directs ARBA Support Division St. Louis to correct block 25 to reflect AR 635-200, Paragraph 14-12c; block 26 to reflect JKQ; block 27 to reflect Reentry Eligibility Code “3”; and block 28 to reflect Misconduct (Serious Offense), and issue the applicant a new DD Form 214. 										
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 AR20090011687
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