Applicant Name:  ?????

Application Receipt Date: 2011/03/31	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that his discharge is improper because it was based on an isolated incident that happened only one time in his 60 months of service.  Also, he was not afforded the opportunity to finish the Army Substance Abuse Program, which would have upgraded his discharge automatically after 6 months. The only other trouble he was involved in was for being late to formations. 

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: 080808
Discharge Received: 			   Date: 080910   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: 263rd Maintenance Company, 49th Transportation Battalion, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070713, failed to go to his appointed place of duty (070525), willfully disobeyed a lawful order from SGT, a noncommissioned officer (070502), reduction to the grade of Private First Class (E-3),forfeiture of $403.00 pay per month for one month, and extra duty for 14 days (CG)

080403, wrongfully used marijuana between (071214-080114), forfeiture of $673.00 pay per month for two months, 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:  20
Current ENL Date: Reenl/050701    Current ENL Term: 5 Years  ?????
Current ENL Service: 	3 Yrs, 2 Mos, 10 Days ?????
Total Service:  		4 Yrs, 11 Mos, 17 Days ?????
Previous Discharges: 	RA 030924-050630/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 94F10 COMPD Electronic Dev Repairer   GT: 114   EDU: HS Grad   Overseas: Korea, Southwest Asia   Combat: Iraq (060630-070630)
Decorations/Awards: AAM, GCMDL, NDSM, KDSM, ICMDLw/CS, ASR, OSR (2)

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 7 August 2008, 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 he received a Field Grade Article 15 for wrongful use of Marijuana on 3 April 2008, his punishment consisted of forfeiture of $673.00 pay per month for two months, and extra duty for 45 days.  He was also charged in U.S. District Court on 10 December 2007 with driving while intoxicated on Fort Hood, Texas, received a Company Grade Article 15 on 13 July 2007 for failing to report to your appointed place of duty and disobeying a noncommissioned officer.  His punishment consisted of reduction to Private First Class (E-3), forfeiture of $403.00 pay, and extra duty for 45 days.
       
       He received seven event-oriented counselings for failure to report to his appointed place of duty and these counselings were from (070802-070906).  The unit commander recommended separation with a general, under honorable conditions discharge.  He was advised of his rights.  On 7 August 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his 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 a general, under honorable conditions discharge.  On 20 August 2008, the separation authority waived further rehabilitative efforts and directed that 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, and the issue submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  
       
       The analyst determined that the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By the misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  
       
       The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  
       
       The analyst noted the applicant's issue that his discharge is improper because it was based on an isolated incident that happened only one time in his 60 months of service.  Even though the applicant claims that his offense was an isolated one, the analyst concluded that the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct, expected of Soldiers in the Army. 
       
       Having examined all the circumstances, the analyst determined that the applicant’s numerous incidents of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  These incidents of misconduct clearly diminished the quality of the applicant’s service below that meriting a fully honorable discharge.  
       
       The applicant further contends that he was not afforded the opportunity to finish the Army Substance Abuse Program, which would have upgraded his discharge automatically after 6 months.  The US Army does not have, nor has it ever had, a policy to automatically upgrade discharges.  Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge.  Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable.  The Defense Discharge Review Standards specifically state that no factors should be established that requires automatic change or denial of a change in discharge.  
       
       Additionally, 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(2),” block 26 as separation code “JKK,” block 27, re-entry code as “4,” and block 28, narrative reason for separation as “Misconduct (Drug Abuse)”  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,” block 26, separation code to read "JKQ," block 27, reentry code to read “3,” and block 28, reason for separation to read “Misconduct (Serious Offense)” as it was approved by the separation authority. 
       
       Except for the foregoing modifications to the applicant's DD Form 214, the analyst determined that the discharge was both proper and equitable and recommends to the Board to deny relief. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 12 October 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 17 February 2011.

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, notwithstanding the propriety of the applicant's discharge, the Board 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(2)”, block 26 separation code as “JKK”, block 27, reentry code as “4”, and block 28, narrative reason for separation as "Misconduct (Drug Abuse)."  In view of these errors, the Board voted to administratively change block 25, separation authority to “AR 635-200, paragraph 14-12c”, block 26, separation code to “JKQ”, block 27, reentry code to “3, and block 28, narrative reason for separation to "Misconduct (Serious Offense)" as approved by the separation authority.  Except for the foregoing modifications, the Board determined the discharge was both proper and equitable and voted not to change it.
















        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
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: "Misconduct (Serious Offense)" under the provisions of Chapter 14-12c, AR 635-200, with a corresponding SPD code of "JKQ" and a reentry eligibility (RE) code of "3" as annotated below.
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 AR20110006817
______________________________________________________________________________


Page 1 of 4 pages