Applicant Name:  ?????

Application Receipt Date: 2010/08/20	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I want to re-enlist into the Army.  I was told that I could but my re-enlistment code is 4.  The Army recruiters told me to try the National Guard and finish my enlistment, then I could transfer back into Regular Army.  My Guard recruiter told me that I need to get my RE Code changed from a 4 to at least a 3.  It has been approximately 6 years since I was discharged with General - Under Honorable Conditions.  I am a good person, and was a great soldier as an honor graduate in AIT and also an assistant platoon guide.  I do not have a criminal background of any sort and I do not use drugs.  I was ignorant and showed poor judgement when I was younger, which caused me to lose a great oppurtunity in a military career.  I know now the outcome of my actions and I hope that I can resolve my issue and become the soldier I was meant to be.  I have let alot of people down, including my squad leader, platoon guide, my 1SGT, my company commander, and everyone else up the ladder.  I have also let myself down.  This is NOT the soldier I know I could have been.  I am asking that my re-enlistment code be changed from 4 to at least 3 so that I can prove to myself, and to the Army, that I can be the soldier I know I can be."

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: 040927
Discharge Received: 			   Date: 041105   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: B Co, 9-101st AV Regt, Fort Campbell, KY 

Time Lost: AWOL for days (040512-040607), returned to unit. 

Article 15s (Charges/Dates/Punishment): 040818, wrongfully used cocaine (040508-040806); forfeiture of $50 pay x 2 months, and extra duty for 45 days, (FG).

040426, wrongfully used marijuana (031208-040108); reduction to E-1, forfeiture of $597 pay x 2 months (suspended),  extra duty for 45 days, 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: 030220    Current ENL Term: 04 Years  ?????
Current ENL Service: 	01  Yrs, 07 Mos, 19 Days ?????
Total Service:  		01  Yrs, 07 Mos, 19 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 35R10 Avionic Radar Repairer   GT: 111   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Waynesboro, GA 
Post Service Accomplishments: None Listed
 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 27 September 2004, 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 testing positive for marijuana, testing positive for cocaine, failing to be at his appointed place of duty on several occasions, and absenting himself from his unit (AWOL) (040512-040608),  with an under other than honorable conditions discharge.  He was advised of his rights.  
       
       On 28 September 2004, 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 action and recommended approval of the separation with an under other than honorable conditions discharge.  
       
       On 18 October 2004, the separation authority waived further rehabilitative efforts and directed the applicant be discharged with a characterization of service of general, under 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 a careful review of all the applicant’s military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The analyst determined that the applicant’s discharge was appropriate because the quality of 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 honorable discharge.
       
       The applicant contends that he was a great Soldier as an honor graduate in AIT and as assistant platoon guide.  Careful consideration was given to his entire service record, to include his quality of service during the initial portion of the enlistment under review, and the analyst found that this service was not sufficiently meritorious to warrant an upgrade of the discharge under review.
       
       The applicant further contends that he does not have a criminal background of any sort and he does not use drugs.  The applicant is to be commended for his efforts.  However, these contentions are not a matter on which the Army Discharge Review Board grants a change in discharge because they raise no matter of fact, law, procedure, or discretion relating to the discharge process nor is it associated with the discharge at the time of issuance.
       
       The applicant also contends that he was ignorant and showed poor judgement when he was younger.  The applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service. 
       
             The applicant desires to reenlist into the Army and he needs to get his reentry eligibility (RE) code changed from a "4" to "3."  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, the characterization of service, to include the reentry eligibility (RE) code 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: 6 May 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Online application, dated (100727); DD Form214, dated (041105); [ redacted ] County Criminal Record Check, dated (100817); Certificate, Honor Graduate, dated (031202); and a Certicate of Appreciation, dated (031202). 

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: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None










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 AR20100020258
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