Applicant Name:  ?????

Application Receipt Date: 2010/12/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she was on active duty for 7 months and the action taken against her was based on one event.  Her reentry code is a 4 and she wants it changed to a 3.

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: 100423
Discharge Received: 			   Date: 100507   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: C Company, 305th Military Intelligence Battalion, 111th Military Intelligence Brigade, Fort Huachuca, AZ 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100308, wrongfully used marijuana between (091205-100104), reduction to Private (E-1), forfeiture of $337.00 pay, suspended, to be automatically remitted if not vacated before (100904), extra duty and restriction for 14 days (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 091004    Current ENL Term: 6 Years  ?????
Current ENL Service: 	0 Yrs, 7 Mos, 4 Days ?????
Total Service:  		0 Yrs, 11 Mos, 3 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: None   GT: 111   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM

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 9 April 2010, 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-commission of a serious offense; in that she wrongfully used marijuana, with an uncharacterized separation of service.  She was advised of her rights.  On 16 April 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in her own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an uncharacterized separation of service.  On 29 April 2010, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with an uncharacterized separation of service. 
       
       The record contains a Military Police Report in reference to the applicant's offense of wrongful use of marijuana dated 20 January 2010.  

       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, and the issue she submitted, the analyst determined that the characterization of service is improper.  The analyst found that at the time of discharge the applicant had completed a total of 6 months and 6 days of active military service and was no longer in an entry level status, and was discharged under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct (serious offense) with an uncharacterized separation of service.  AR 635-200, states that a Soldier is in an entry level status the first 180 days of his/her continuous active duty service.  The evidence of record further shows that the applicant's separation action was initiated while she was past the 180 day mark and no longer in an entry level status and her service should have been characterized.
       
       However, during the review of the applicant's overall service record, the analyst found that the applicant’s period of service under consideration was marred by an act of misconduct as reflected in the record of nonjudicial punishment UP Article 15, UCMJ and the negative counseling statements she received.  Therefore, based on these factors, the analyst recommends to the board that relief be granted in the form of an upgrade of the characterization of service to general, honorable conditions which justify's the characterization of service that should have been awarded to the applicant.  
       
       The analyst determined that by her misconduct, the applicant diminished the quality of her service below that meriting a fully honorable discharge and further determined that the reason for discharge was fully supported by the record and therefore remains both proper and equitable. 
       
       Finally, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as “4.”  In view of this error, the analyst recommends to the Board that an administrative change be made to block 27, reentry code to read “3” as approved by the separation authority.   

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 10 August 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 30 November 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 applicant’s characterization of service is improper.  The evidence of record supports the conclusion that the applicant was discharged under the provisions of Chapter 14, Army Regulation 635-200, by reason of misconduct-commission of a serious offense. 

The board noted that she was no longer in entry level status at the time the discharge proceedings were initiated, and had completed more than 180 days of continuous active service.  AR 635-200 defines entry level status for Regular Army Soldiers as the first 180-days of continuous active duty.  In view of the aforementioned, the Board voted to grant relief by changing the characterization of service to general, under honorable conditions.  However, the board determined that the reason for discharge was fully supported by the record and voted not to change it.  

Additionally, the Board found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as “4.”  In view of this, the Board voted to administratively change block 27, reentry code to “3." as approved by the separation authority. 


        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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: The Board voted to administratively change block 27, reentry eligibility (RE) code to “3."  										
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 AR20100030355
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