Applicant Name:  ?????

Application Receipt Date: 2011/10/19	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he completed his term of service but block 18 of his DD Form 214 indicates he did not.  Additionally he requests that the reason for his separation and the SPD and reentry codes be changed.  He requested trial by court-martial but his request was not granted.  In another Soldier’s case with similar circumstances all the charges were dropped.  He provides documents to demonstrate his innocence.

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: 110414
Discharge Received: 			   Date: 110714   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: C Troop, 4th Squadron, 73d Cavalry Regiment, Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 101206, disrespectful in language to an NCO on two occasions (101112, 101115), reduction to E-2, forfeiture of $378, and 14 days of extra duty and restriction (CG) 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 070322    Current ENL Term: 6 Years  ?????
Current ENL Service: 	04 Yrs, 03 Mos, 23 Days ?????
Total Service:  		06 Yrs, 05 Mos, 00 Days ?????
Previous Discharges: 	ARNG 050214-070321/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B1P/Infantryman   GT: 116   EDU: HS Grad   Overseas: SWA   Combat: Afghanistan x 2 (071219-080409, 090820-100820)
Decorations/Awards: ARCOM, AAM, AGCM, NDSM, ACM-3, OSR, NATO MEDAL, CIB

V.  Post-Discharge Activity
City, State:  Caledona, NY
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 14 April 2011, 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 testing positive for 19-Norandrosterone and 19-Noretiocholanolone, substances which were metabolites of a Schedule III controlled anabolic androgenic steroids such as Nandrolone, Norandrostenedione, and Norandrostendediol.  The unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights.  
       On 14 June 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon receiving a characterization of service no less favorable than general, under honorable conditions 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 18 June 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The record contains two General Officer Memoranda of Reprimand dated 25 October 2007 and 1 June 2011, for offenses of driving while intoxicated.

       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 issues, and the documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.   
       
       The applicant contends that he was unfairly discharged because another Soldier with similar circumstances received an honorable characterization of service.  However, 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, he knowingly risked a military career and diminished the quality of his service below that meriting a fully honorable discharge.  
       
       Moreover, the method in which another Soldier’s case was handled is not relevant to the applicant’s case.  Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case.  The analyst found no evidence of arbitrary or capricious actions by the command and 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 contends that he completed his term of service.  However, the record indicates he enlisted in the Regular Army on 22 March 2007 for a period of six years.  He was discharged on 14 July 2011 and had completed      4 years, 3 months, and 23 days of active service.
       
       The applicant also contends that the narrative reason for his discharge, SPD and RE codes should be changed.  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)," the separation code is "JKK,"  and the reentry code is "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.  
       
       Furthermore, 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. 
       
       In view of the foregoing, the analyst determined that the applicant’s 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: 26 March 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 149, character reference statements, a self-authored statement, discharge packet, counseling statements, and several internet articles.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony, 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 2    No change 3
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: NA
Other: None
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 AR20110020957
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