Applicant Name:  ?????

Application Receipt Date: 2011/06/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was told at the time of his discharge that his characterization of service would be honorable due to his medical condition.  He has applied for numerous jobs and his general discharge is really hurting him and he has learned his lesson.  

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: 040114
Discharge Received: 			   Date: 040312   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: Bravo Forward Support Company, 115th Forward Support Battalion, Division Support Command, 1st Cavalry Division, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 031001, failed to go to his appointed place of duty (030906) extra duty and restriction for 7 days, suspended, to be automatically remitted if not vacated before (041008) (CG)

030119, wrongfully used cocaine between (030407-030507), reduction to Private (E-1), forfeiture of $575.00 pay per month for 2 months, suspended, to be automatically remitted if not vacated before (030917), restriction for 21 days, extra duty for 30 days and an oral reprimand (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 010905    Current ENL Term: 3 Years  ?????
Current ENL Service: 	2 Yrs, 6 Mos, 8 Days ?????
Total Service:  		2 Yrs, 6 Mos, 8 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92F10 Petroleum Supply Spec   GT: 91   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

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 14 January 2004, 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 tested positive for wrongfully using cocaine and was given a Field Grade Article 15 for the offense (030507) and received a Company Grade Article 15 for failing to repair (031001), with a general, under honorable conditions discharge.  He was advised of his rights.  On 15 January 2004, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, even though he was not entitled to such a board, contingent upon him receiving a characterization of service no less favorable than a general, under honorable conditions discharge.  The applicant did not submit 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 12 February 2004, 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 trust and confidence placed in a Soldier. 
       
       The applicant, as a Soldier, 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 his service below that meriting a fully honorable discharge.  
       
       The analyst noted the applicant's issue that he was told at the time of his discharge that his characterization of service would be honorable due to his medical condition.  The evidence of record shows that the applicant went before a Medical Evaluation Board and was subsequently referred to a Physical Evaluation Board for disability processing under the provisions of AR 635-40. 
       
       However, the applicant received two Article 15's for his misconduct and several counseling statements and an administrative separation action was initiated against him under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense.  
       
       Having consulted with legal counsel, the applicant's defense counsel in a memorandum dated 15 Janaury 2004 addressed to the General Court-Martial Convening Authority (GCMCA) that "the authority for determining whether a case is to be processed through medical disability channels is the Soldier's General Court-Martial Convening Authority (GCMCA), IAW AR 635-200, paragraph 1-33" and further stated that the "medical records along with the pending administrative chapter packet should be forwarded to the Soldier's GCMCA prior to separating the Soldier."  
       
       
       
       
       
       On 27 February 2004, the General Court-Martial Convening Authority determined that "the applicant's medical conditional was not the direct or substantial contributing cause of the conduct that led to the recommendation for an administrative elimination and there were no other circumstances in the case that warranted disability processing instead of processing for administrative processings and that the separation proceedings under Chapter 14-12c will proceed."  
       
       The applicant further contends that he has applied for numerous jobs and his general discharge is really hurting him and he has learned his lesson.  The analyst considered the applicant’s quality of service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of discharge.  The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 
       
       Furthermore, 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 27, re-entry code as “3.”  In view of the foregoing, the analyst recommends to the Board that an administrative change be made to block 27, reentry code to read “4” as it was approved by the separation authority.   
       
       Therefore, the analyst 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: 20 December 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 27 May 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 27, reentry code as “3.”  In view of the error, the Board voted to administratively change block 27, reentry code to “4" as approved by the separation authority.  













        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: No Change
Other: The Board voted to administratively change the DD Form 214 block 27, reentry code to “4" as approved by the separation authority. 
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder


















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 AR20110012497
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