Applicant Name:  ?????

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

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: "The applicant states he was young and made some wrong choices.  Also he would give anything to go back on active duty and serve his country."

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: 051130
Discharge Received: 			   Date: 060112   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: A Btry, 2-5th FA Bn, Fort Sill, OK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 051003, wrongful use of marijuana x 2 (050808-050909) and (050718-050819); reduction to E-4, forfeiture of $978 pay x 2 months, extra duty 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:  24
Current ENL Date: 040304    Current ENL Term: 3 Years  ?????
Current ENL Service: 	01 Yrs, 10Mos, 09Days ?????
Total Service:  		07 Yrs, 05Mos, 27Days ?????
Previous Discharges: 	RA-980722-001030/HD
                                       RA-001101-031031/HD
                                       USARCG-031101-040303/NA
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 92G10 Food Service Operations   GT: 115   EDU: HS Grad   Overseas: Alaska/Korea/Southwest Asia   Combat: Iraq (030123-030819)
Decorations/Awards: ARCOM (Prior Service), AGCM-2 (1 Prior Service), NDSM, AFEM (Prior Service), GWOTSM (Prior Service), KDSM (Prior Service), KCM (Prior Service), ASR, OSR  

V.  Post-Discharge Activity
City, State:  Charlotte, NC 
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
             The evidence of record shows that on 30 November 2005, 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-abuse of illegal drugs for several positive urinalysis tests and multiple failures to report, 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, unconditionally waived 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 applicant's chain of command reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.
  
       On 3 January 2006, the separation authority approved the conditional waiver request, 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 26 separation (SPD) code, reads "JKK," and block 28 "Narrative Reason For Separation," reads "Misconduct, (Drug Abuse.)"  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 (SPD) code is "JKQ" according to AR 635-5-1.
       
       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, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a 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 diminished the quality of his service below that meriting a general, under honorable conditions discharge.  
       
       The analyst noted the applicant's issue that he desires to serve his country on active duty.  At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.  
       
       In regards to the applicant's issue that he was young and made some bad choices,  the analyst concluded 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. 
       
       The analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214,  block 26 separation (SPD) code, to read "JKK," and block 28 "Narrative Reason For Separation," to read "Misconduct, (Drug Abuse.)"  The analyst recommends that  block 26 separation (SPD) code, be administratively corrected to read "JKQ," and block 28 "Narrative Reason For Separation," to read "Misconduct (Serious Offense)" as approved by the separation approving authority.  
       
       Except for the foregoing modification to the applicant's Separation (SPD) 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: Three (3) DD Forms 370 (Request For Reference); four (4) character statements; and a DD Form 214, dated (060112).

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 overall length and quality of the applicant’s service, to include his combat service, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant 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.  

Also, the Board directs ARBA Support Division-St Louis to administratively correct block 26 "Separation (SPD) Code " to read "JKQ," and block 28 "Narrative Reason For Separation," to read "Misconduct, (Serious Offense.)" 

IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 3    No change 2
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 26 "Separation (SPD) Code " to read "JKQ," and block 28 "Narrative Reason For Separation," to read "Misconduct, (Serious Offense.)" 	
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 AR20090012151
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