Applicant Name:  ?????

Application Receipt Date: 2009/08/24	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he is petitioning the board for an honorable discharge. He contends that it was based on an isolated incident in 34 months with no other adverse action. He was proud to serve his country and every day he thinks about the military and how it affected him. The military changed him and made him who he is today. He has worked for Home Depot for almost four years and would like to apply and work for the US Postal Service. He truly regrets the mistake that he made; however, it is his most sincere intention to do his best in a government job.

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: 050722
Discharge Received: 			   Date: 050810   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: C Company, 3rd Battalion, 67th Armor Regiment, 4th Brigade, 4th Infantry Division (Mechanized), Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): A Legal Action Request Form, from the 4th Brigade Legal Center, 4th Infantry Division, Fort Hood, TX; dated 050720, shows that the applicant received an Article 15, which is not part of the available record. Further, the evidence of record shows in the unit commanders recommendation for separation that the applicant was reduced to Private/E-1 on 050623.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: Reenl/041210    Current ENL Term: 4 Years  ?????
Current ENL Service: 	0 Yrs, 8 Mos, 1 Days ?????
Total Service:  		2 Yrs, 9 Mos, 18 Days ?????
Previous Discharges: 	RA 021023-041209/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 19K10 M1 ARMOR Crewman   GT: 98   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTEM, 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 22 July 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that he wrongfully used ecstasy between on or about 050524-050531, 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 28 July 2005, the separation authority waived further rehabilitative efforts and 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 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.  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 issue that his discharge was based on an isolated incident in 34 months of service with no other adverse action.  Even though a single incident, the analyst concluded that the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. 
       
       The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  Having examined all the circumstances, the analyst determined that the applicant's single incident of misconduct did indeed adversely affect the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. 
       
       This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge.  
       
       Additionally, the analyst congratulates the applicant on his work achievements since departing the Army. However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
       
       Therefore, 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: 2 July 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: None submitted by the applicant.

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," and block 27, reentry eligibility (RE) code as “4” and block 28 (Narrative Reason for Separation) as "Misconduct."  In view of the foregoing, the Board directed 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 a new DD Form 214.  Except for the foregoing modifications, as stated above, the Board determined that the discharge was both proper and equitable.
        
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 (Serious Offense) under the provisions of AR 635-200, Chapter 14-12c, with a corresponding Separation (SPD) Code of JKQ.
Other: No Change										
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 AR20090014702
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