Applicant Name:  ?????

Application Receipt Date: 2009/07/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he wants to reenlist and serve, and also, to get his GI Bill if he choose not to go back in so that he can go to school.  

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: 080903
Discharge Received: 			   Date: 081218   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: Warrior Transition Unit, US Army Medical Department Activity, Fort Sill, OK 

Time Lost: AWOL, for a total of 12 days from (080530-080611). The applicant returned to his unit. 

Article 15s (Charges/Dates/Punishment): 080724, Wrongfully used D-amphetamine on or between 080307-080407; AWOL from (080530-080611, failed to obey a lawful order issued by COL on or about 080318, reduction to the grade of Private (E-1), forfeiture of $673.00 pay per month for 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:  18
Current ENL Date: 060727    Current ENL Term: 3 Years  ?????
Current ENL Service: 	2 Yrs, 4 Mos, 22 Days The net active service this period on the DD Form 214, block 12c should be: 2 Years, 4 Months, 10 Days. The applicant's lost time from his period of AWOL was not deducted from the net active service. The above information was taken from the DA Form 4187.  
Total Service:  		2 Yrs, 4 Mos, 22 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 13B10 Cannon Crewmember   GT: 94   EDU: GED Cert   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, 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 29 August 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c(2), AR 635-200, by reason of misconduct-commission of a serious offense-abuse of illegal drugs; in that he wrongfully used D-amphetamine on or between 080307-080407, 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, 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 intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 12 December 2008, the separation authority vacated the approved separation action, which was suspended on 5 September 2008, waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 
       
       The record contains a Military Police Report dated 18 March 2008.

       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, but a general discharge 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, and the issue he submitted, 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 that he would like to reenlist and serve and also to go to school.  The analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, the reentry code as "3."  However, the appropriate reentry code should have been a "4" as explain below.  In view of the foregoing, an RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment. 
       
       Further, eligibility for veteran's 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.
       
       Notwithstanding the propriety of the applicant's discharge, the record shows 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, block 26 separation code as "JKQ" , block 27 reentry code as "3" and block 28, narrative reason for separation as “Misconduct (Serious Offense).” 
       
       In view of the foregoing, the analyst recommends to the Board that an administrative correction be made to block 25, to indicate separation authority as AR 635-200, Chapter 14-12c(2); block 26, separation code as "JKK;" block 27 reentry code as "4" and block 28, reason for separation as “Misconduct (Drug Abuse),” which was approved by the separation authority.  Except for the foregoing modifications, as stated above, the analyst determined that the discharge was both proper and equitable  
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 4 June 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: None

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, block 26, separation code as "JKQ;" block 27 reentry code as "3" and block 28, reason for separation as “Misconduct (Serious Offense). 

In view of the error, the Board directed that an administrative change be made to 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, reason for separation as “Misconduct (Drug Abuse), as approved by the separation authority.  Except for the foregoing modification to the applicant's DD Form 214, blocks 25, 26, 27 and 28, the Board determined that the reason for separation was both proper and equitable and voted not to change it. 
        
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 (Drug Abuse) under the provisions of AR 635-200, Chapter 14, paragraph 14-12c(2). 
Other: The Board also directs ARBA Support-Division St. Louis to correct block 26 to reflect JKK; block 27 to reflect Reentry Eligibility Code “4.” 										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change








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 AR20090012986
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