Applicant Name:  ?????

Application Receipt Date: 2010/09/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "My service in the US Army and discharge were due to signing a waiver to retention board.  I signed this waiver under what I considered to be retaliatory behavior by the command.  My Command at present was angry with me and showed intentions to do damage to my career should I have not chosed to waive the retention hearing and leave the US Army.  I now see the damage that a General Discharge can do, it has denied me employment 3 times.  I feel that this circumstance is an injustice and I performed service worthy of an Honorable Discharge.  My present DD 214 is incorrect in reasoning and characterization and I wish it to be changed.  Thanks for your consideration".

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: 010201
Discharge Received: 			   Date: 010322   Chapter: 14-12c(1)    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKD   Unit/Location: Co D, 160th SOAR, Puerto Rico 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 001214, failed to go at the time prescribed x7 (000214, 000531, 000728, 000828, 001010, 001202, 001205); forfeiture of $417 per month for one month, 14 days restriction and extra duty (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  27
Current ENL Date: 990324    Current ENL Term: 6 Years  ?????
Current ENL Service: 	1 Yrs, 11Mos, 29Days ?????
Total Service:  		8 Yrs, 06Mos, 27Days ?????
Previous Discharges: 	RA 940323-990322/HD Immediate Reenlistment
                                            BREAK IN SERVICE
                                       IADT 911126-920409/UNC
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 68F/Aircraft Electrician   GT: 123   EDU: HS Grad   Overseas: Korea, Puerto Rico   Combat: None
Decorations/Awards: JSAM, AAM x4, AGCM, NDSM, NCOPDR, ASR, OSR x3, ARCOTR x2

V.  Post-Discharge Activity
City, State:  Waco, TX
Post Service Accomplishments: None submitted

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that the unit commander (memorandum undated) 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 wrongful use of marijuana, and that he be retained in the service.  He was advised of his rights.
       
       However, again on 1 February 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12 a&c, AR 635-200, by reason of misconduct commission of a serious offense for failure to go to his appointed place of duty and the time prescribed on numerous occasions and wrongful use of marijuana, with an under other than honorable conditions discharge.  He was advised of his rights.
       
       On 6 February 2001, 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 discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  
       
       On 11 March 2001, the separation authority approved the conditional waiver request, waived further rehabilitative efforts and directed the applicant be discharged with a characterization of service of general, under honorable conditions.
       
       The record contains a Memorandum of Reprimand dated 000609 for using marijuana.

       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 and documents submitted with the application, the analyst determined that the discharge was both proper and equitable.  
       
       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 special trust and confidence placed in a non-commissioned officer (NCO).  The applicant, as a NCO, 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 the misconduct diminished the quality of service below that meriting a fully honorable discharge.  
       
       Furthermore, the analyst noted the applicant's issue that he signed a waiver under what he considered to be retaliatory behavior by the command.  His command at the time was angry with him and showed intentions to do damage to his career should he have not chosed to waive the retention hearing and leave the US Army.  The analys 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.  
       
       Further, 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(1),” and block 26 as separation code “JKD.”  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,” and block 26, separation code to read "JKQ," as it was approved by the separation authority.   
       
       Therefore, the analyst determined 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: 24 February 2011         Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214, Self-authored statement, separation orders, pages from his OMPF (7 pages)

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. 
Further, the Board directed an administrative change be made to the DD Form 214, block 25, to read separation authority:  “AR 635-200, paragraph 14-12c,” and block 26, separation code to read "JKQ," as it was approved by the separation authority. 
        
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: Change block 25 to AR 635-200, 14-12c with an SPD of JKQ										
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 AR20100023686
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