Applicant Name:  ?????

Application Receipt Date: 2010/03/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I made a few mistakes when I was in the military, but I was hard working Soldier.  My battle buddies would back me up on that.  I never had a problem with drugs, I admit that I did have a drinking problem then.  I foolishly married a woman not realizing that she had only married me for my military benefits.  I would like the opportunity for a second chance, I would at least like to get a college education and maybe later on re-enlist back into the military.  

I have recently found out new information from my old Unit.  The Commander and First Sergeant were both relieved of duty right after I was discharged.  An investigation was conducted and it was found that they were have in appropriated relations with E-4 and below female soldiers.  The reason for my discharge was for a Field Grade Article 15 I received for have THC  in my system.  I was discharged lost all of my rank, 45 days of extra duty, and they garnished my pay.  A female soldier in the same company was caught with having cocaine in her system and her barracks room. She only received a company grade article 15, lost one rank, and all other punishment was suspended.  Not sure if I am correct, but I thought that army regulation stated that any drug is automatically a Field Grade Article 15.  The even tried to cover up the cocaine by putting it in the middle of the article 15 and filling the rest of it with non relative information.  This sounds a little unfair to me.  I thought equal right meant equal punishment as well.  I hope with this and my military records you will give me a chance to try again.  I know my made some bad decisions, but I mainly would like to get my discharge status changed to honorable so I can feel proud that I at least tried to serve my country.  I have a baby boy on the way and I don't want him to think that his father is a failure.  I tried to serve my country, but I guess the Army just wasn't right for me.  If you ask any of my NCO's in my old unit they would tell you that I as a good soldier until I got around the wrong people and starting making bad decisions.  Not everyone is right for the military, but the least I could do was try.  Well thank you for your time and I respect whichever you decide to do on this case."

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: 090316
Discharge Received: 			   Date: 090506   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: 410th MP Co, 720th MP Bn, Fort Hood, TX 

Time Lost: AWOL x 1 for 39 days (090329-090506), mode of return unknown.

Article 15s (Charges/Dates/Punishment): 080917, Wrongful possession of marijuana (080811) and wrongful use of marijuana between (080712 and 080811), reduction to E1; forfeiture of $673.00 per month for two months (suspended), extra duty for 45 days; and restriction for 45 days (suspended), (FG).

090123, Stealing personal property of another Soldier with a total value of over $500.00 between (080930 and 081104), forfeiture of $700.00 (suspended); and extra duty for 45 days.

090203, suspension of punishment of forfeiture of $700.00, was vacated due to the applicant having wrongfully communicated to a noncommissioned officer a threat (090128).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 070719    Current ENL Term: 05 Years  20 Weeks
Current ENL Service: 	01 Yrs, 08Mos, 10Days ?????
Total Service:  		01 Yrs, 08Mos, 10Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 92G10/Food Service Operation   GT: 111   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 16 March 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct—commission of a serious offense for having received a Field Grade Article 15 (080917) for violating Article 86, UCMJ (absence without leave), and Article 112a UCMJ (wrongful use, possession, etc., of a controlled substance), receiving a supplementary action for the same Article 15 for violating Article 128, UCMJ (Assaults), and Article 134, UCMJ (communicating a threat), and receiving a Field Grade Article 15 (080123) for violating Article 121, UCMJ (Larceny), 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.  
       
       The separation authorities memorandum directing that the applicant be discharged with a characterization of service of general, under honorable conditions is not contained in the available record and the analyst presumed government regularity in the discharge process.
       
       However, on 6 May 2009, DA, Headquarters III Corps and Fort Hood, Fort Hood, TX, Orders 322-0101, discharged the applicant from the Regular Army, effective date: 6 May 2009.
       
       The applicant's record contains a CID Report, dated 19 December 2008.

       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 a careful review of all the applicant’s military records during the period of enlistment under review, the documents, and the issues he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The applicant’s 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.  By his misconduct, the applicant diminished the quality of his 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.
       
       Furthermore, 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 his 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 issues of unfair treatment by his command, however, 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.  
       
       Futhermore, the analyst concluded that the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army.  Having examined all the circumstances, the analyst determined that the applicant’s numerous incidents of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  These incidents of misconduct clearly diminished the quality of the applicant’s service below that meriting a fully honorable discharge.
       
       The applicant makes reference to wanting to serve his country again, however, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment. 
       
       In view of the foregoing, 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: 15 December 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 and DD Form 214 for the period of service under review.

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 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 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 AR20100012309
______________________________________________________________________________


Page 1 of 4 pages