Applicant Name:  ?????

Application Receipt Date: 2010/09/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he wants to reenlist and an upgrade to honorable would assist in him reenlisting. He was not mature enough to handle the military in those years. Now his wife and kids are his life and the military would allow him to give them the life they deserve. He was discharged due to a distribution charge, other than this single incident, he was a perfect Soldier in every way.

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: NIF
Discharge Received: 			   Date: 060909   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: 655th Transportation Company, 406th Corps Support Battalion, Base Camp Adder, Iraq 

Time Lost: The applicant was confined by the military authorities for 15 days as part of his punishment imposed from a Summary Court-Martial; however, the inclusive date is not in the file. 

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): 060429, Summary Court-Martial for wrongfully distributing adderall, while receiving special pay between (051120-060204). He was sentenced to confinement for 15 days and forfeiture of $1,165.00 pay.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 050822    Current ENL Term: NIF Years  ?????
Current ENL Service: 	1 Yrs, 0 Mos, 3 Days The net active service this period on the DD Form 214, item 12c is incorrect; should be as annotated above.
Total Service:  		3 Yrs, 9 Mos, 19 Days ?????
Previous Discharges: 	USAR 031106-050821/NA
                                             (Concurrent Service)
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 63B10 Wheeled Vehicle Mech   GT: NIF   EDU: HS Grad   Overseas: Southwest Asia   Combat: Kuwait/Iraq (051026-060903)
Decorations/Awards: NDSM, GWOTSM, ICMDL, ASR, OSR, AFRSMw/M Device

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 applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  
       
       The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c(2) by reason of misconduct drug abuse , with a characterization of service of general, under honorable conditions.  
       
       Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct- drug abuse) with a reentry eligibility (RE) code of "4."  
       
       On 6 September 2006, DA, Camp Atterbury, Edinburg, IN, issued Orders 249-020 discharging the applicant from the Regular Army with an effective date of 9 September 200611 October 2002.  

       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 available military records and the issue submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant’s discharge.  
       
       The applicant’s record is void of the specific facts and circumstances concerning the events that led to the applicant's discharge from the Army.  However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process.  
       
       The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c (2) by reason of misconduct, with a characterization of service of general, under honorable conditions.  Barring evidence to the contrary, 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.  
       
       The facts and circumstances leading to the discharge are unknown.  The burden of proof remains with the applicant to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the evidence is not available in the official record.
       
       The analyst noted the applicant's issue that he wants to reenlist and during the time he was in, he was not mature enough to handle the military.  The analyst noted 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 was discharged due to a distribution charge and other than this single incident, he was a perfect Soldier in every way.  Even though the applicant claims it was a single incident, the analyst concluded that the discrediting entry constituted a departure from the standards of conduct expected of soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  This single incident of misconduct the applicant mentioned in his issue clearly diminished the quality of his service below that meriting a fully honorable discharge.
       
       Additionally, 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, based on the available evidence, the analyst presumes government regularity in the discharge process and 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: 27 May 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 10 September 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 AR20100024559
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