Applicant Name:  ?????

Application Receipt Date: 2011/09/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he is requesting an upgrade of his discharge due to his outstanding service up to and following the use of steroids which occurred during his second deployment.  He is deeply remorseful for using the steroids to enhance his performance while in the military and he doesn't think that it should overshadow the fact that he is a two time veteran who served as an E-4 waiting for the E-5 board and was a highly experienced Soldier who prior to and after, continue to lead and set a positive example for other Soldiers.  The applicant further states that he cannot get a job and ask that the board restore the honor to his voluntary service and take the the classification of drug abuse JKK off of his DD Form 214.     

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: 	Retention   Date: 080430
Discharge Received: 			   Date: 080617   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct (Drug Abuse )	   RE:     SPD: JKK   Unit/Location: ????? 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 071120, disrespectful in language toward SGM, a noncommissioned officer (071106), wrongfully possessing drug paraphernalia (061115), and wrongfully possessing about three milliliters of anabolic steroids (070923), reduction to Private (E-1), forfeiture of $700.00 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: 041012    Current ENL Term: 5 Years  18 weeks
Current ENL Service: 	3 Yrs, 8  Mos, 8  Days ?????
Total Service:  		3 Yrs, 8  Mos, 8  Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B1P Infantryman   GT: 118   EDU: GED Cert   Overseas: Southwest Asia   Combat: Iraq x 2 (050901-051229), (070105-080320)
Decorations/Awards: AAM (2), NDSM, GWOTSM, ICMDLw/CS, ASR, OSR, CIB, EIB

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 30 April 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 was disrespectful towards a SGM (071106), wrongfully possessing drug paraphernalia (070923) and wrongfully posessing anabolic steroids (070923).  The unit commander recommended that the applicant be retained in the service.  He was advised of his rights. 
       
       The applicant's election of rights memorandum is not in the available record and the analyst presumed government regularity in the discharge process.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  
       
       On 13 May 2008, the intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 20 May 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.  
       
       The applicant received a General Officer Memorandum of Reprimand (GOMOR) for driving while under the influence of alcohol (Administrative); also, the record cotains a CID Report of Investigation in reference to the applicant's offense of wrongfully possessing a controlled substance dated 1 October 2007. 

       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, the issue and documents 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 he is requesting an upgrade of his discharge due to his outstanding service up to and following the use of steroids which occurred during his second deployment.  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 applicant further contends that he cannot get a job.  The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       
       
       
       
       Additionally, the applicant was discharged under the provisions of Chapter 14-12c (2), AR 635-200, by reason of misconduct (drug abuse) 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" with a reentry eligibility (RE) code of "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.  
       
       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 April 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 7 September 2011, Certificate of Achievement dated 13 June 2006, copy of a Certificate awarding the Army Achievement Medal, Certificate entering the applicnat into the Order of the SPUR dated 22 December 2005.

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 determined that the applicant’s narrative reason for the discharge is inequitable based on the circumstances (the separation authority approved a Chapter 14-12c discharge).  The Board voted to correct block 25, to read separation authority to read “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						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 5    No change 0
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: "Misconduct (Serious Offense)" under the provisions of “AR 635-200, Chapter 14, paragraph 14-12c,” with a corresponding separation code "JKQ," and a reentry eligibility (RE) code “3.”  
Other: No Change
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 AR20110019944
______________________________________________________________________________


Page 1 of 4 pages