Applicant Name:  ?????

Application Receipt Date: 2010/05/25	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was retained after he failed a urinalysis test and when they put him out, they put drug abuse as the narrative reason. He would like to rejoin and the narrative reason is the only reason he can't, and he has a reentry code of 3. So the only thing holding him from re-joining is the narrative reason. He has grown up now and ready to serve his country with respect instead of disrespect.  

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: 060222
Discharge Received: 			   Date: 060524   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: 226th Maintenance Company, 19th Maintenance Battalion, Fort Sill, OK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050825, wrongfully used D-Amphetamine between on or about (050702-050705), wrongfully used Amphetamine between on or about (050702-050705), and wrongfully used Methamphetamine between on or about (050702-050705), reduction to Private (E-2), forfeiture of $692.00 pay per month for one month, suspended, to be automatically remitted if not vacated before (050924), extra duty for 45 days and restriction for 14 days, suspended, to be automatically remitted if not vacated before (050924) (FG)

Article 15, 060201, without authority left his appointed place of duty on or about (051110), dereliction of duty, in that he failed to go to police call on or about (051110), made an official statement to a SFC, which was false on or about (060117), signed an official sworn statement, which was false on or about (051110), forfeiture of $617.00 pay per month for two months, suspended, to be automatically remitted if not vacated before (060302), and extra duty for 30 days (FG)

Article 15, 051102, failed to go to his appointed place of duty on or about (051004), larceny of a value of about $60.00 the property of the 19th Maintenance Battalion Staff Duty, Fort Sill, OK on or about (050928), without authority left his appointed place of duty,reduction to Private (E-1), forfeiture of $617.00 pay per month for two months, extra duty and restriction for 45 days, suspended, to be automatically remitted if not vacated before (051202), (FG) 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 040408    Current ENL Term: 4 Years  ?????
Current ENL Service: 	2 Yrs, 1 Mos, 17 Days ?????
Total Service:  		2 Yrs, 3 Mos, 14 Days ?????
Previous Discharges: 	USAR/DEP 040211-040407/NA
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 94P10 MLRS Repairer   GT: 97   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWTSM, 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 22 February 2006, 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-abuse of illegal drugs; in that he wrongfully used Amphetamine, Methamphetamine, D-Methamphetamine, multiple failures to report, stealing money from the staff duty, underage drinking, dereliction of duty, and on multiple occasions, he falsely made sworn statements, with an under other than honorable conditions discharge. 
       
       He was advised of his rights.  On 28 February 2006, 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 a general, under honorable conditions discharge and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  
       
       The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 13 April 2006, the separation authority disapproved the conditional waiver and referred the case to an administrative separation board.  On 4 May 2006, the applicant again consulted with legal counsel, voluntarily and unconditionally waived consideration of his case by an administrative separation board and submitted a statement in his own behalf.  On 12 May 2006, the separation authority approved the unconditional waiver, waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than 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 submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge or a change to the narrative reason for separation.  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.  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.  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 28, narrative reason for separation as “Misconduct (Drug Abuse)”  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 635-200, paragraph 14-12c,” block 26, separation code to read "JKQ," and block 28, reason for separation to read “Misconduct (Serious Offense)” as it was approved by the separation authority.  
       Additionally, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter 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.  Except for the foregoing modification to the applicant's separation authority, separation code and the narrative reason for separation, the analyst determined that the 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: 24 January 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 4 May 2010, and a copy of his Separation Packet from the Army. 

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 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 separation code as “JKK”, and block 28, narrative reason for separation as "Misconduct (Drug Abuse)."  In view of these errors, the Board voted to administratively change block 25, separation authority to “AR 635-200, paragraph 14-12c”, block 26, separation code to “JKQ”, and block 28, narrative reason for separation to "Misconduct (Serious Offense)" as approved by the separation authority.  Except for the foregoing modifications, the Board determined that the discharge was both proper and equitable and voted not to change it.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 3    No change 2
(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: Misconduct (Serious Offense), under the provisions of Chapter 14-12c, AR 635-200, with a corresponding separation (SPD) code JKQ.
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 AR20100015468
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