Applicant Name:  

Application Receipt Date: 2009/07/15	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I would like to request for my discharge to be changed to honorable.  I would also like the narrative reason for separation to be changed or deleted.  It is difficult to get a job with misconduct as your reason for separation.  When I got discharged from the military I was diagnosed with depression.  Because of the depressive episodes I self medicated with drugs.  I was in the military for sixteen years and was a very good Soldier.  It was when the depression got very severe that I got in with the wrong crowd and had a lot of trouble.  I am hoping at the very least you can change my narrative reason for separation on my discharge so I can give the DD Form 214 to my employers when applying for jobs."

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: NIF
Discharge Received: 			   Date: 001018   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: USARB, MN 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 000707, Wrongful use of methamphetamines, forfeiture of $900.00 pay per month for two months, with $500.00 per month for two months (suspended), (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  34
Current ENL Date: 970102    Current ENL Term: 06 Years  ?????
Current ENL Service: 	03 Yrs, 09Mos, 17Days ?????
Total Service:  		16 Yrs, 07Mos, 04Days ?????
Previous Discharges: 	RA-840315-870914/HD
                                       RA-870915-930330/HD
                                       RA-930331-970101/HD

Highest Grade: E7		Performance Ratings Available: Yes    No 
MOS: 79R10/Recruiter   GT: 112   EDU: NIF   Overseas: Germany, Southwest Asia   Combat: None
Decorations/Awards: ARCOM, AAM-4, AGCM-5, SWASM (w/BSS), NCOPDR, ASR, OSR, KLM(SA)

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





VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that 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 methamphetamines 28 April 2000, with no characterization of service specified.  
       
       He was advised of his rights.  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 general, under honorable conditions, and did not submit a statement in his own behalf.  On 24 July 2000, the unit commander subsequently recommended separation from the service, waiver of further rehabilitative efforts, and recommend approval of the applicant's conditional waiver with a general, under honorable conditions discharge.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 3 October 2000, the separation authority approved the conditional waiver request, waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
       
       The applicant's records contain a CID Report dated 29 August 2000.

       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 carefully examining the applicant’s military record during the period of enlistment under review, the documents, and the issues submitted with the application, the analyst determined that the discharge was both proper and equitable.  
       
       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.  The applicant by violating the Army's policy not to possess or use illegal drugs, compromised the special trust and confidence placed in a non-commissioned officer (NCO).  The applicant, as a NCO, 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 the misconduct diminished the quality of service below that meriting a fully honorable discharge.
       
       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)", and the separation code is "JKK."  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.  
       
       The analyst noted the applicant's issue stating that when he was discharged from the military he was diagnosed with depression and that because of the depressive episodes he self medicated with drugs.   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, the analyst acknowledges the independent document from the Department of Veterans Affairs submitted with the application indicating that the applicant was rated with 30% disability for depressive disorder.  However, the applicant's available record does not contain any evidence of inservice diagnosis of depressive disorder as indicated in the independent documentation and the applicant did not submit any corroborating evidence of inservice diagnosis of depressive disorder or related medical issues.
       
       Additionally, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       In view of the foregoing, the analyst determined that the characterization of service and reason for discharge 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: 19 May 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Wabasha County Veteran Service Office
                 625 Jefferson Avenue
                 Wabasha MN 55981

Witnesses/Observers: NA 

Exhibits Submitted: Department of Veterans Affairs Rating Decision dated 5 August 2008 (10 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: 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 AR20090012536
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