Applicant Name:  ?????

Application Receipt Date: 2011/04/28	Prior Review:     Prior Review Date: 101213, denied.

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she requests an upgrade of her discharge to fully honorable; and a change to the narrative reason for separation.  She was treated unfairly and would like a chance to be heard in person by the members of the Board.  She requests an upgrade of her discharge to honorable and the reason to be changed to expiration of her term of service.

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: 	Retain in service   Date: 080923
Discharge Received: 			   Date: 081023   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: F Co, FSC, 2-5th Cav Regt, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080605, disrespectful in language toward a NCO (SSG) (080204); derelict in the performance of her duties (080207); and wrongfully used MDMA (080403), reduction to E-4, forfeiture of $1,023.00 for two (both suspended), restriction for 45 days (suspended) 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:  21
Current ENL Date: 051122    Current ENL Term: 04 Years  ?????
Current ENL Service: 	02 Yrs, 11 Mos, 22 Days ?????
Total Service:  		05 Yrs, 11 Mos, 05 Days ?????
Previous Discharges: 	RA-021119-051121/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 88M10 Motor Transport Operator   GT: 93   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (061030-080113), (040327-050329)
Decorations/Awards: ARCOM-2, AAM, AGCM, NDSM, ICM-W/CS, GWOTSM, NCOPDR, ASR, OSR-3, CAB

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: Applicant states he has a CDL license.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 23 September 2008, 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 MDMA, a controlled substance, and recommended that the applicant be retained in the service.  She was advised of her rights.
       
        
       On 23 September 2008, the applicant waived legal counsel, was advised of the impact of the discharge action,  and did not indicate if a statement would be submitted in her own behalf.  The unit commander recommended that the applicant be retained in service.  The intermediate commander recommended retention in the service and a  rehabilitative transfer.
       
       On 2 October 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 during the period of enlistment under review, the issues submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a non-commissioned officer.  
       
       The applicant, as an 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 diminished the quality of her service below that meriting a fully honorable honorable discharge. 
       
       The analyst noted the applicant's issue about changing the reason for her discharge; however, the narrative reason for separation is governed by specific directives.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)" and the separation code is "JKK," and the reentry code is "RE 4."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation. 
       
       The applicant also contends that she was unfairly treated and discharged; however, the the analyst found no evidence of arbitrary or capricious actions by the command.  She was discharged because she used illegal drugs whch are incompatible with military service.  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.  
       
       Therefore, the analyst determined the reason for discharge and the characterization of service are both proper and equitable and recommends to the Board to deny relief.  
       
VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 17 April 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: The applicant states she has counsel and provides an address in her DD Form 293.

Witnesses/Observers: Spouse 

Exhibits Submitted: Email in support of applicant's petition dated 4 April 2012.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing her testimony, and considering the analyst’s recommendation and rationale, the Board determined that the characterization of the discharge was both proper and equitable and voted to deny relief.  However, notwithstanding the propriety of the applicant's discharge, the Board determined that the applicant’s narrative reason for the discharge is inequitable based on the circumstances in that the separation authority approved a Chapter 14-12c discharge.  The Board voted to correct block 25, to read separation authority to “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.   
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 4    No change 1
(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) with corresponding SPD Code of JKQ.
Other: Change the separation authority to AR 635-200, paragraph 14-12c.										
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 AR20110009685
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