Applicant Name:  ?????

Application Receipt Date: 2010/98/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable and change the narrative reason for separation.  He contends that his characterization of service was unfair.  He further contends that he was unfairly punished by his command.  He also contends that he completed his enlistment of four years of service; served overseas and received numerous awards an decorations.  He additionally contends that with the exception of this isolated incident, he served with honor, discipline, and integrity as reflected by his exemplary service record.    

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: 050701
Discharge Received: 			   Date: 060729   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: 36th Area Spt Med Co (ABN), APO AE 09331  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050519, wrongfully used demerol on divers occasions (040105-040321); reduction to E-1, 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:  24
Current ENL Date: 020730    Current ENL Term: 04 Years  ?????
Current ENL Service: 	04  Yrs, 00 Mos, 00 Days ?????
Total Service:  		04  Yrs, 00 Mos, 00 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 91W1P Healthcare Spec   GT: 121   EDU: AA Degree   Overseas: Korea/Southwest Asia   Combat: Iraq (041216-051209)
Decorations/Awards: AAM-2, AGCM, NDSM, ICM, GWOTSM, KDSM, ASR, OSR-2, EFMB 

V.  Post-Discharge Activity
City, State:  Scottdale, AZ 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 1 July 2005, 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 wrongfully using demerol (040105-040321), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       The applicant's election of rights is not contained in the available record and the analyst presumed government regularity in the discharge process.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  
       
       On 25 September 2005, 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 determined that the characterization of service is improper.  The evidence of record supports the fact that the applicant was discharged on his expiration term of service date (ETS).  Further, Army Regulation 635-200, states, in effect, that only an honorable characterization of service may be awarded a Soldier upon completion of his period of enlistment (i.e., ETS date).  In view of the foregoing, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to fully honorable. 
       
       Furthermore, the evidence of record shows that on 1 July 2005, 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 wrongfully using demerol between (040105-040321), while stationed in Korea. Subsequently, the applicant was deployed to Iraq on 16 December 2004 and administered a Field Grade Article 15 on 19 May 2005.  On 25 September 2005, the separation approving authority directed that the applicant be discharged with a general, under honorable conditions discharge.  However, the applicant for some unknown reason was not discharged until 29 July 2006, ten (10) months later on his ETS date.   
       
       Further, the analyst determined that the applicant’s narrative reason for separation is improper.  The analyst found that the applicant served his entire enlistment and should have been discharged under provisions of    AR 635-200, Chapter 4,  by reason of completion of required active service.  In view of the foregoing, the analyst recommends to the Board that block 25 separation authority, be changed to "AR 635-200, Chapter 4," block 26 separation (SPD) code, changed to "MBK," block 27 reentry eligibility (RE) code, changed to "1," and block 28 narrative for separation, changed to "Completion of Required Active Service."  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 11 May 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (100805); Self-Authored Statement; Letter, Chief, Congressional and Special Actions, dated (100823); Control Sheet, dated (100817); FOUO Congressional, dated (100817); Letter, United States Senate, dated (100806); Privacy Act Consent Form, dated (100805); DD Form 214, dated (060729); NATO Travel Order, 300-046, with four (4) pages dated (041026); two (2) Certificates of Training, dated (031107), (040831); two (2) Certificates of Completion, dated (031113), (030225); Diploma, Airborne Course, dated (030321); Expert Field Medical Badge Orders 321-005, dated (031117); Attachment 1, Letter, Deputy Judge Advocate, dated (060207); and Attachments 2-6, Character References.  

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 characterization of service is improper.  The evidence of record supports the fact that the applicant was discharged on his expiration term of service date (ETS).  Further, Army Regulation 635-200, states, in effect, that only an honorable characterization of service may be awarded a Soldier upon completion of his period of enlistment (i.e., ETS date).  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  

Furthermore, the Board determined that the applicant’s narrative reason for separation is improper.  The Board found that the applicant served his entire enlistment and should have been discharged under provisions of AR 635-200, Chapter 4, by reason of completion of required active service.  In view of the foregoing, the Board voted to change block 25 separation authority to "AR 635-200, Chapter 4," block 26 separation (SPD) code changed to "MBK," block 27 reentry eligibility (RE) code  to "1," and block 28 narrative for separation to "Completion of Required Active Service." 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
Reason -     Change 5    No change 0
(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: "Completion of Required Active Service" under the provisions of  AR 635-200, Chapter 4.
Other: Block 25 separation authority, to "AR 635-200, Chapter 4," block 26 separation (SPD) code, to "MBK," and block 27 reentry eligibility (RE) code, to "1."									
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 AR20100022080
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