Applicant Name:  ?????

Application Receipt Date: 2011/05/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "I AM REQUESTING A UPGRADE TO A HONORABLE DISCHRAGE. I WAS A EXCELLANT SOLDER AND NCO WHO MADE ONLY ONE MISTAKE; HANGING AROUND THE WRONG PEOPLE. I RECIEVED A GENERAL UNDER HONORABLE CONDITIONS AFTER BEING DISCHRAGED FOR MY FIRST AND ONLY OFFENSE. 

I AM ALL SO ASKING TO CHANGE MY SEPARATION CODE BECAUSE I WAS NEVER GIVEN THE CHANCE TO GO TO THE AA CLASS. I WAS JUST PUT OUT WITH NO SAY SO. I WOULD ALL SO LIKE IF I COULD HAVE MY REENTRY CODE CHANGED AS WELL, FOR I LOVEED SERVING MY COUNTRY. 
I WOULD JUST LOVE TO HAVE THIS CHANGED SO I CAN BETTER PROVIED FOR MY FAMILY OF FOUR."

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: 070222
Discharge Received: 			   Date: 070411   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: C Company, 325th Brigade Special Troops Battalion, 2nd Brigade Combat Team, 82nd Airborne Division, Camp Taji, Iraq APO AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070215, wrongfully used marijuana between (061119-061219), reduction to Specialist (E-4), forfeiture of $982.00 pay per month for two months, extra duty and restriction 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/041103    Current ENL Term: 4 Years  ?????
Current ENL Service: 	2 Yrs, 5 Mos, 9 Days ?????
Total Service:  		4 Yrs, 7 Mos, 9 Days ?????
Previous Discharges: 	RA 020903-041102/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 74D1P Chemical Operations Spec   GT: 96   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (070101-070323)
Decorations/Awards: ARCOM, AAM, GCMDL, NDSM, GWOTSM, KDSM, HSM, ICMDL, NCOPDR, ASR, OSR

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 22 February 2007, 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 wrongfully used marijuana, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant's election of rights memorandum is not contained in the available record and the analyst presumed government regularity in the discharge process. 
       
       On 22 February 2007, the unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  On 24 February 2007, the intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 3 March 2007, 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 carefully examining the applicant’s record of service during the period of enlistment under review 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.  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 his service below that meriting a fully honorable discharge.  
       
       The analyst noted the applicant's issue that he was an excellent soldier and NCO who made only one mistake by hanging around the wrong people and received a general, under honorable conditions discharge for his first and only offense and was never given a chance to go to the AA classes. 
       
       Even though the applicant claims it was his first and only offense, 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. 
       
       Having examined all the circumstances, the analyst determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge. 
       
       
       
       
       Further, the analyst 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.  
       
       The applicant further contends that his narrative reason for separation and the reentry eligibility (RE) code should be changed because he loved serving his country.  The narrative reason for separation and the reentry eligibility (RE) code is governed by specific directives.  The applicant was discharged under the provisions of Chapter 14, paragraph 14-12c (2), AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)", 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, separation code, entered in block 26, and RE Code, entered in block 27 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.  
       
       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, the analyst determined that the reason for discharge and the characterization of service, to include the reentry eligibility (RE) code 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 September 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: Mrs. Natasha F. Carney/Witness 

Exhibits Submitted: Online application dated 25 March 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.  







        
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: Misconduct (Serious Offense) under the provisions of AR 635-200, Chapter 14-12c with a corresponding separation (SPD) code of JKQ.
Other: None										
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 AR20110009912
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