Applicant Name:  ?????

Application Receipt Date: 2009/08/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was making very immature decisions and that he did not have the maturity needed to meet the military expectations that he now has.  He served most of his time as a professional Soldier, and would like that to be considered. He realizes now that he would have many more options for his future with an honorable discharge, to include joining the reserves.  

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: 021030
Discharge Received: 			   Date: 030124   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: HQ & HQ Company, 3rd Battalion, 7th Infantry (Mechanized), Fort Stewart, GA. 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 020617, Failed to go to his appointed place of duty on or about 020516, wrongfully possessed an alcoholic beverage while under the age of 21 on or about 020507, reduction to Private (E-2), forfeiture of $289.00 pay per month for one month, extra duty and restriction for 14 days (CG)

Article 15, 020821, Wrongfully used cocaine between on or about 020621-020624, reduction to Private (E-1), forfeiture of $552.00 pay per month for two 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: 000228    Current ENL Term: 3 Years  ?????
Current ENL Service: 	2 Yrs, 10 Mos, 27 Days ?????
Total Service:  		2 Yrs, 10 Mos, 27 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 95   EDU: GED Cert   Overseas: None   Combat: None
Decorations/Awards: 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 30 October 2002, 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-abuse of illegal drugs; in that he tested positive for cocaine on 020624, had numerous counseling's for FTSs, disrespecting NCOs, failure to obey orders, counseled for traffic violations for speeding, driving without a license, found drunk on duty and arrested for driving under the influence of alcohol, with an under other than honorable conditions discharge.  He was advised of his rights. 
       
       On 30 October 2002, 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 a general, under honorable conditions discharge 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 an under other than honorable conditions discharge.  On 1 November 2002, the separation authority disapproved the request for a conditional waiver and approved the applicant's request for a personal appearance before an administrative separation board.  
       
       On 19 November 2002, the applicant was notified to appear before an administrative separation baord and advised of his rights.  On 12 December 2002, the applicant again consulted with legal counsel, and unconditionally waived consideration of his case by an administrative separtion board and did not submit a statement in his own behalf.  
       On 19 December 2002, the Staff Judge Advocate reviewed the proposed discharge action and recommended approval of the unconditional waiver with an under other than honorable conditions discharge.  On 20 December 2002, the separation authority approved the unconditional waiver, 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.  

       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 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.  By the 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 he was immature and realizes now that he would have many more options for his future with an honorable discharge, to include joining the reserves.  The analyst found that the applicant met entrance qualification standards to include age. 
       
       The analyst further found no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service.   
       
       Notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously assigned the applicant a reentry eligibility (RE) code of “3”.  Therefore, the analyst recommends that the reentry eligibility code be administratively changed to RE-4.  At the time of discharge the applicant should have been 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.  Except for the foregoing modification to the applicant's reentry eligibility (RE) code, 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: 9 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 27, reentry eligibility (RE) code as "3".  In view of the error, the Board directed that an administrative change be made to block 27, to reflect reentry eligibility (RE) code "4”, as approved by the separation authority.  Except for the foregoing modification to the applicant's reentry eligibility (RE) code, 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: No Change
Other: The Board directs ARBA Support Division St. Louis to correct block 27, to reflect reentry eligibility (RE) code "4”, as approved by the separation authority and issue a new DD Form 214.. 										
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 AR20090014057
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