Applicant Name:  ?????

Application Receipt Date: 2010/02/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: Post service accomplishments, had a drug problem, overall length and quality of his service as he made sergeant, and better employment opportunities.

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: 981014
Discharge Received: 			   Date: 981209   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: D Co, 3-187 IN Bn, Fort Campbell, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None in file. However, the applicant was processed for discharge as a PV2/E-2, the UCMJ action that reduced him in rank is not contained in the OMPF.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  30
Current ENL Date: 970514    Current ENL Term: 3 Years  ?????
Current ENL Service: 	01 Yrs, 06Mos, 26Days ?????
Total Service:  		09 Yrs, 06Mos, 17Days ?????
Previous Discharges: 	RA 850111-890110/HD
                                       USAR 921122-960220/NIF
                                       ARNG 960221-970513/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 11H10/Hvy Antiarmor Infantryman   GT: 84   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: AAM-2, AGCM, NDSM, NCOPDR, ASR, OSR

V.  Post-Discharge Activity
City, State:  St. Louis, MO
Post Service Accomplishments: Participates in the Energy Efficiency Training Program, completed the Salvation Army Treatment Program, completed the Computer Basics Course and the Microsoft Access Course, completed the Living Skills and Parenting Skills courses.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 14 October 1998, 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 wrongful use of marijuana and cocaine, and for being unfit for duty due to alcohol abuse on divers occasions with an under other than honorable conditions discharge.  He was advised of his rights.
         
       On 26 October 1998, 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.  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 18 November 1998, 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 record contains an MP Report dated 17 July 1998.

       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 that would merit an upgrade of the applicant's discharge.  
       
       The applicant contends he had overall good service, received several awards and was promoted to the rank of sergeant.  However, the analyst determined that his 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 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 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 applicant contends that the reason for his discharge should be changed.  However, he was was discharged under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct with a general, under honorable conditions discharge.  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.  
       
       Notwithstanding the propriety of the applicant's discharge, the analyst 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 as separation code “JKK,” and block 27, reentry code as “4”.”   In view of the foregoing, the analyst recommends to the Board that an administrative change be made to block 25, to read separation authority:  “AR 600-200, paragraph 14-12c, block 26, separation code to read "JKQ" and block 27, reentry code (RE) to read “3” which was approved by the separation authority.   
       
       The Applicant contends that since leaving the Army, he has attended several training courses and a rehabilitation program and continues to take measurable steps to improve his earning potential, strengthen his recovery, and increase his overall financial and personal responsibility.  The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge.  However, there is no law or regulation, which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in the civilian life subsequent to leaving the service.  Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review, is considered during Board proceedings.  The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character.
       
       The analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined with the application and in the documents with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  Further, 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: 22 June 2010         Location: Chicago, IL

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Character Reference declaration by [redacted], various certificates and recognitions, military records, DD Forms 214, NGB Form 22, a total of 31 pages in support of his request. Additional documents submitted included letter from counsel dated (2 June 2010, HERO Program letter dated 21 May 2010, and a certificate of achievement for completion of energy efficiency technician. 























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.  The Board noted 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 as separation code “JKK,” and block 27, reentry code as “4”.”   In view of the foregoing, the Board directs that an administrative change be made to block 25, to read separation authority:  “AR 600-200, paragraph 14-12c, block 26, separation code to read "JKQ" and block 27, reentry code (RE) to read “3” as it was approved by the separation authority.   
        
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: Block 25, to read separation authority:  “AR 600-200, paragraph 14-12c, block 26, separation code to read "JKQ" and block 27, reentry code (RE) to read “3” as approved by the separation authority. 										
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 AR20100008943
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