Applicant Name:  ?????

Application Receipt Date: 2010/05/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "When I joined the Army I was 18 years old and it was my first time away from home. When I arrived at Fort Hood on my first day I ran into some friends from basic training who had already been at Fort Hood for awhile. I didn't have any friends and didn't know anyone so it was nice to see them. 

Unfortunately they had already been into drugs and getting into trouble and being young and stupid I joined right along with them. I really never got a chance to be my own person. I would love to get my discharged changed and my re-entry code change so I can serve my country again and this time do it right. The way I should have the first time. I have grown up since then and am a changed person but there has been 1 thing on my mind that I want to change."

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: 000425
Discharge Received: 			   Date: 000519   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: A Troop, 1st Squadron, 7th Cavalry Regiment, 4th Brigade (Aviation), 1st Cavalry Division, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 000321, wrongfully used marijuana between on or about (000108-000208), and wrongfully used cocaine on or about (000208), reduction to Private (E-1), forfeiture of $617.00 pay per month for two months, extra duty and restriction for 45 days (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 981022    Current ENL Term: 3 Years  ?????
Current ENL Service: 	1 Yrs, 6 Mos, 28 Days ?????
Total Service:  		2 Yrs, 10 Mos, 3 Days ?????
Previous Discharges: 	ARNG 970717-970819/NA
                                       ADT    970820-971206/UNC
                                       ARNG 971207-981021/NA
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 19K10 M1 Armor Crewman   GT: 99   EDU: HS Grad   Overseas: None   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 24 April 2000, 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 received a Field Grade Article 15 for testing positive for marijuana and cocaine on (000208), with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant waived 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 authority memorandum waiving further rehabilitative efforts and directing that the applicant be discharged from the Army with a characterization of service of general, under honorable conditions is not part of the available record and the analyst presumed government regularity in the discharge process.  However, the evidence of record shows that on 10 May 2000, DA, HQ III Corps, Fort Hood, TX, Orders 131-0238 discharged the applicant from the Regular Army with an effective date of; 19 May 2000. 
       
       Further, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  His DD Form 214 indicates that he was discharged under the provisions of Chapter 14, Paragraph-12-12c(2), AR 635-200 by reason of misconduct-commission of a serious offense, with a characterization of service of general, under honorable conditions and a reeentry eligibility code of 3. 

       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 submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  
       
       The analyst determined that 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 the 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. 
       
       The analyst noted the applicant's issue that when he joined the Army he was 18 years old and it was his first time away from home and unfortunately his friends had already been into drugs and getting into trouble and being young and stupid he joined right along with them.  The analyst found that the applicant met entrance qualification standards to include age.  The analyst further found no evidence that the applicant was any less mature than other soldiers of the same age who successfully completed military service.  
       
       The applicant further contends that he would love to get his reentry eligibility (RE) code changed so that he can serve his country again and this time do it right.  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.  
       
       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: 2 February 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 13 May 2010.

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: 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 AR20100014874
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