Applicant Name:  

Application Receipt Date: 2009/07/20	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:"My discharge was inequitable because I made a mistake 1 week before my probation period was expired.  I was dealing with my mother's illness in an inappropriated way.  I was sent home on emergency leave 3 times in the span of my service in Alaska, and I didn't know who to go to for counseling.  I made a mistake and ask for a square deal.  Change my re-enlistment code to a 2 so I can re-enlist with a waiver and serve.  I was discharged 20080721.  My mother passed away 20090206.  My criminal history had an identify theft.  There was a felony on my records that was not mine.  Since I have been out of the Army, I have cleared my background history of charges that weren't mine, obtained my driver's license, got married to a beautiful woman who was a corrections officer, and has helped me tremendously to get my life in order.  I apologize from my soul for my indescretions and ask for a chance to re-enlist.  I AM AN AMERICAN SOLDIER!  PLEASE GIVE ME A CHANCE."

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: Retained/080702
Discharge Received: 			   Date: 080721   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: C Btry, 2/8th FA, 1/25th SBCT, Fort Wainwright, AK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070822, Wrongful use of cocaine between (070616 and 070619),    reduction to E1; forfeiture of $650.00 pay per month for two months; 45 days extra duty; and 45 days restriction, (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  30
Current ENL Date: 060331    Current ENL Term: 04 Years  19 Weeks
Current ENL Service: 	02 Yrs, 03Mos, 21Days ?????
Total Service:  		02 Yrs, 05Mos, 19Days ?????
Previous Discharges: 	USAR-060203-060330/NA
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 13B10/Cannon Crewmember   GT: 117   EDU: NIF   Overseas: Alaska   Combat: None
Decorations/Awards: NDSM, GWOTSM, ICM-(w/s), ASR, OSR










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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 21 September 2007, 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 for abuse of illegal drugs, and recommended that he be retained in service.
       
       He was advised of his rights.  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 that the applicant be retained in the United States Army.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 2 October 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 separation authority also directed that this separation action be suspended for a period of 12 months, and that any further misconduct by the applicant would result in immediate vacation of suspension.
       
       On 2 July 2008, the separation authority under the provision of Chapter 1 Section II, paragraph 1-18c(3), AR 635-200, initiated action to vacate the suspended execution of the applicant's approved separation under the provisions of Chapter 14, paragraph 14-12c, by reason of commission of serious offense for the unlawful use of MDMA.  
       
       On  2 July 2008, the applicant acknowledged receipt of the separation authorities notification memorandum and willingly waived his right to counsel and acknowledged that he was fully aware that he had the right to consult with an attorney before signing any administrative paperwork.
       
       The applicant's record contains a CID Report dated 6 July 2007.

       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 documents, and the issues he submitted, 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 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 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 narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 14, paragraph 14-12c, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)," the separation code is "JKK," and the reentry code is "RE 4."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28, separation code, entered in block 26, and RE Code, entered in block 27 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  
       
       The analyst noted the applicant's issue that he was dealing with his mother's illness in an inappropriate way and that he wants to reenlist.  However, the analyst determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  Further, 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. 
       
       In view of the foregoing, the analyst determined the reason for  discharge and the characterization of service, to include the reentry eligibility (RE) code 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: 2 June 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214, Oklahoma State Bureau of Investigations, Finger Print Card, Criminal History Report, and a State of Oklahoma Death Certificate for his mother.

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.


















        
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: NA										
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 AR20090012930
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