Applicant Name:  ?????

Application Receipt Date: 2010/03/08	Prior Review:     Prior Review Date: 2004/05/12 Records Review  

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "Upgrading the narrative reason for seperation portion on my DD 214. In order to rush the decision made out processing steps were not done correctly and never was given the oppurtunity to consult with a jag representative. While serving in the United States Army I acquired developed many skills both mentally and physically that will last with me for the rest of my life. As I still continued to transition from a civilian to soldier is was not easy because I still made mistakes throughout my transition looking to correct my mistakes in becoming a better soldier, civilian, and person.

My time in service consisted of accomplisments and certificates that I am proud of that the US Army properly trained me in different areas. Some of my best moments were times that were not documented among helping my fellow soldiers to assisting my CO, 1st SGT,Company,and Battalion. As my journey continues I will always remain Army strong from what has been instilled in me and even though authority figures disicplined me for my actions still oversaw the good on the way to becoming great soldier I was. I believe personal feelings over ruled creating and training a better soldier. Thank you for listening and your time."

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: 020731
Discharge Received: 			   Date: 020823   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: C Company, 1st Battalion, 63rd Armor Regiment, APO AE Germany 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 020613, wrongfully used marijuana between on or about (020327-020427), reduction to the grade of Private (E-1), forfeiture of $552.00 pay per month for 2 months, restriction and extra duty for 45 days (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 000428    Current ENL Term: 4 Years  ?????
Current ENL Service: 	2 Yrs, 3 Mos, 26 Days ?????
Total Service:  		2 Yrs, 3 Mos, 26 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92Y10 Unit Supply Spec   GT: 98   EDU: HS Grad   Overseas: Germany (011118-020823)   Combat: None
Decorations/Awards: 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 31 July 2002, 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 marijuana, 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 19 August 2002, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 
       
       The applicant's characterization of service was upgraded to Honorable, and the the reentry eligibility (RE) code, separation Program Designator and the Separation Authority was changed by the Army Discharge Review Board on 14 May 2004.  

       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 during the period of enlistment under review, the issue and document submitted with the application, the analyst found no mitigating factors that would merit a change to the narrative reason for separation on the applicant's DD Form 214.  The applicant was separated under the provisions of Chapter 14, paragraph 14-12c, AR 635-200 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 "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 that the decision that was made during his out processing steps were not done correctly and he was never given the opportunity to consult with a legal representative.  The analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Further, the evidence of record shows that on 8 August 2002, the applicant consulted with legal counsel and indicated that he was advised of his rights and the basis for his contemplated separation and its effects, and authenticated the document with his signature accompanied by the signature of the Judge Advocate General Officer who counseled him regarding his rights.
       
       In view of the foregoing, the analyst determined that the narrative reason for discharge was both proper and equitable and recommends to the Board to deny relief. 
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 10 January 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: Online application dated 25 February 2010.

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 narrative reason for 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 0
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: 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 AR20100010571
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