Applicant Name:  ?????

Application Receipt Date: 2009/11/30	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I feel I have served my country very well.  I originally signed up for five years, and completed three of the five years.  The reason for my discharge is very simple.  My mother had recently been diagnosed with breast cancer.  On top of my being worried about her, she was constantly getting worse, and I was being missled by my family.  When I did recieve the truth about her condition, I asked to be discharged to spend my mother's last moments with her.  I was told, "It is being taken care of.", but i saw no results of this action.  I was young, and not thinking of anything but the welfare of my mother and the relationship between us.  Since they weren't doing anything about it, I decided to give them reason to speed up my discharge.  Even though I did that, she passed away in Jan. of 2003, and my whole world fell apart.  I didn't even get a full two weeks after she had passed, and I was back at my perminant duty station in Ansbach, Germany.  Soon after that, I was deployed to Iraq, (Alpha 6-52), and did an exeptional job.  I have made some bad choices, but I am far from a bad person.  I also have a daughter and would like to start a family and a successfull career.  I know that upgrading my chapter would give me money for school, and other benifits I have been currently seeking.  Also, I have thoughts of rejoining the army to finish what I started, and I would like my daughter to have a good life.  It would also help me be a better father to her, as a positive role model and finacially.  I would also be a better person all around.  I don't  at all see my time as waisted, I learned many valueable things in the military.  I feel if I joined again, I could sharpen the skills and training I did recieve, and just do it better the second time around.  I truely hope that you will take all I said into consideration.  I thank you for your time and God Bless."

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: 030805
Discharge Received: 			   Date: 030823   Chapter: 14-12c       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: A Battery, 6/52d ADA, APO, AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 030507, wrongfully used marijuana (030209-030309); forfeiture of $575 pay per month for two months, extra duty and restriction for 45 days (FG).

021114, derelict in the performance of duty (021003) and failed to go at the time prescribed (021004); reduction to the grade of E3, extra duty and restriction 14 days (CG)

010821, failed to show up for accountability formation (010820); 4 days restriction and 4 days additional duty (CG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 000609    Current ENL Term: 5 Years  ?????
Current ENL Service: 	3 Yrs, 02Mos, 15Days ?????
Total Service:  		3 Yrs, 02Mos, 15Days ?????
Previous Discharges: 	None
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: 14E10 Patriot Fire Control Opr   GT: 105   EDU: HS Grad   Overseas: SWA    Combat: Iraq (011013-020307 & 030317-030620)
Decorations/Awards: NDSM, AFEM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Columbus, MS
Post Service Accomplishments: None submitted

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 23 July 2003, 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 testing positive for marijuana during a urinalysis conducted on 030309 with a general, under honorable conditions discharge.  He was advised of his rights.  
       On 5 August 2003, the applicant waived consulted with legal counsel, discharge action and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Army 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 13 August 2003, the separation authority waived further rehabilitative efforts and directed the applicant be discharged with a characterization of service of general, under honorable conditions.
       The record contains a MP Report citing the applicant for operating a vehicle with a suspended driver's license dated 021002.  Additionally, there is an Ansbach Police Report citing the applicant for failure to maintain control and fleeing the scene of an accident dated 010922.  Further, there is a CID Report citing the applicant with wrongful use of hallucinogens dated 021213.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 of this regulation 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, and the issue and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  
       The analyst determined that the applicant’s discharge was appropriate because the quality of 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 the former Soldier’s service below that meriting a fully honorable discharge.  
        Furthermore, the analyst noted the applicant’s issue and 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.
       The applicant contends he is entitled to an upgrade of his discharge because of mitigating circumstances which contributed to his misconduct.  Specifically, he claims family issues at home resulted in his discharge.  While the applicant may believe his stress at home and work was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  
       Furthermore, 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", and the separation code is "JKQ."  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 and separation code, entered in block 26 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.
       Furthermore, 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.  
       Therefore, the analyst determined 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: 3 September 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214, Separation Orders (2 pages), SGLI paperwork (2 pages), DA Form 2-1 (2 pages)

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: No Change
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 AR20090020715
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