Applicant Name:  ?????

Application Receipt Date: 2010/01/19	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: Applicant states in effect that his misconduct (cocaine use) was an isolated incident that led to his discharge. Applicant would like to re-enlist.

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: 080723
Discharge Received: 			   Date: 080804   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: 488th QM Co, 88th BSB, Ft. Polk, LA 

Time Lost:  Civilain confinement (080518-080523). Total time lost 5 days.

Article 15s (Charges/Dates/Punishment): 080616, driving under the influence (080525), disobeying an order from a commissioned officer (080525), fail to go to his place of duty x2 (080507 & 080515), reduction to E1, 45 days extra duty and restriction (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: 060609    Current ENL Term: 3 Years  22 weeks
Current ENL Service: 	2 Yrs, 1Mos, 20Days ?????
Total Service:  		2 Yrs, 1Mos, 20Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 92F10 Petroleum Supply Specialist   GT: 110   EDU: GED   Overseas: SWA   Combat: Iraq (070805-080310)
Decorations/Awards: ARCOM, NDSM, GWOTSM, ICMw/CS, ASR, OSR

V.  Post-Discharge Activity
City, State:  Bonner Springs, KS
Post Service Accomplishments: None provided by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 23 July 2008, 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—for testing positive for cocaine and dimethoxyaphentamine(080519), operating a vehicle while intoxicated (080528), disobeying an order from a commissioned officer (080525), failure to be at his appointed place (080515) and for receiving a FG article 15 for the above violations, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       
       
       On 24 July 2008, 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 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 30 July 2008, 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 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 carefully examining the applicant’s record of service during the period of enlistment under review and the issue and documents 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 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 service below that meriting a fully honorable discharge. 
       
       The analyst noted that even though a single incident, 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.  The analyst having examined all the circumstances determined that the applicant's single incident of misconduct did indeed adversely affect the quality of 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. 
       
       The analyst noted an error on the applicants DD214. The separation authority directed separation under AR 635-200, Chapter 14, Paragraph 14-12c, for commission of a serious offense. This section carries an SPD code of JKQ with a corresponding RE code of 3. In the discharge process, the applicant's DD 214 was erroneously completed with a separation authority of AR 635-200, Paragraph 14-12c(2), separation code JKK and RE code of 4.  
       
        Therefore, the analyst recommends an administrative change to the applicant's DD Form 214 to separation authority 14-12c, SPD code JKQ and RE code 3 per the separation authority's directive.
       
       The administrative correction to the applicant's DD214 will assign a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter after the record is corrected 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, except for the administrative corrections listed, 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: 24 June 2010         Location: Chicago, IL

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: [redacted] 

Exhibits Submitted: DD Form 214, ACTS application.


VIII.  Board Discussion, Determination, and Recommendation
          After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony and considering the analyst's recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.

           Further, the Board found an administrative error on the applicant's DD Form 214. The record indicates that the separation authority directed separation under the provisions of AR 635-200, Chapter 14, para 14-12c, Commission of a Serious Offense, which carries a separation code of JKQ and a RE code of 3.  Accordingly, the Board voted to administratively change the DD Form 214 to properly reflect the separation authorities instructions. Except for the foregoing modification to the applicant's separation authority (chapter), reason for separation, seperation code and reentry code, the Board found the separation 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: No Change
Other: The board noted an administrative error and directed; Authority, 14-12c, Separation code, JKQ, Reentry code, 3, Narrative reason, Misconduct (Serious Offense).										
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 AR20100007056
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