Applicant Name:  ?????

Application Receipt Date: 2011/09/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, he was deployed to Iraq in 2004.  Over 20 Soldiers in his unit were buying and selling marijuana.  Also, while in Iraq, his wife left him and his closest cousin past away.  He had trouble finding an outlet for his grief and he succumbed to peer pressure and tried marijuana.  He is requesting a change of reason on his DD Form 214.  He cannot further his employment status due to the narrative reason.  Currently, he works for a private security company and cannot be promoted due to the reason of separation on his DD Form 214.  He is also in the process of transferring to a security position with the federal government.  The position is pending the upgrade of his DD Form 214.  His family and he could really use this transfer.  Please consider changing the narrative reason for separation to “completion of required active service” or removing “Abuse of Illegal drugs. 

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: 051012
Discharge Received: 			   Date: 051107   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct, Abuse of Illegal Drugs	   RE:     SPD: JKK   Unit/Location: 189th Ordnance Company, Fort Sill, OK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050928, with intent to deceive, signed an official record (050813); on divers occassions, wrongfully used marijuana while receiving special pay (050701 and 050905); and physically controlled an LNTV and a HMMW, in a reckless manner while under the influence of marijuana (050701 and 050905); reduction to E-2, forfeiture of $742.00 x 2, 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:  21
Current ENL Date: 040926    Current ENL Term: 00 Years  545 days
Current ENL Service: 	01 Yrs, 01 Mos, 12 Days ?????
Total Service:  		04 Yrs, 04 Mos, 26 Days ?????
Previous Discharges: 	USAR-010612-030209/NA
                                       OAD-030210-030529/NA
                                       USAR-030530-040925/NA                                      
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 89B10 Ammunition Specialist   GT: 120   EDU: GED   Overseas: SWA   Combat: Iraq (041212-051025)
Decorations/Awards: PH, NDSM,  GWOTEM, GWOTSM, AFRM-VD, ASR,  ARCOTR





  

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: Works for a security company

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 5 October 2005, 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—for wrongfully using marijuana (050701 and 050805); recklessly operating a vehicle while under the influence of marijuana (050701 and 050905); and making a false statement initially denying use of marijuana (050813), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 11 October 2005, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived his right to an administrative separation board, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 15 October 2005, the separation authority waived further rehabilitation and directed the applicant’s discharge 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 and documents submitted with the application, the analyst determined that the discharge was both proper and equitable.  
       
       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 service below that meriting a fully honorable discharge.
       
       The applicant contends while he was deployed to Iraq in 2004, his wife left him and his closest cousin past away.  He had trouble finding an outlet for his grief and he succumbed to peer pressure and used marijuana.  While the applicant may believe his stress at home and personal life were the underlying causes of his misconduct, the record of evidence does not demonstrate that he sought relief from stress through his command, the Chaplain, or the medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct. 
       
       
       
       
       
       
       Furthermore, the applicant requests a change of reason on his DD Form 214.  He cannot further his employment status due to the narrative reason.  However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200 with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)", and the separation code is "JKK."  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.  Additionally, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
       
       Therefore, the analyst determined 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: 30 March 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 and DD Form 214

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.  
























        
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: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

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 AR20110019343
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