Applicant Name:  ?????

Application Receipt Date: 2011/10/31	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I would like to request an upgrade to honorable discharge.  I know what I have done was wrong and I apologize for that.  I had tried to fight to stay in the Army but got denied from the commander.  I have also done some good when I serve in the Army.  I was awarded a BRONZE STAR, an ARCOM V, and a good conduct medal.  I have also been employed for 9 months and about three months into my job I had got a raise.  I think my performance at my job has been good."

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: 100715
Discharge Received: 			   Date: 100802   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: 2/508th Inf (R), Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100326, Making a false statement to a commissioned officer (100125), reduction to E4; forfeiture of $1,099.00 pay per month for two months; and extra duty for 45 days, (FG).  The document makes reference to a continuation sheet, however, the continuation sheet was not found in the available records.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 060406    Current ENL Term: 06 Years  19 Weeks
Current ENL Service: 	04 Yrs, 03  Mos, 27  Days ?????
Total Service:  		04 Yrs, 03  Mos, 27  Days ?????
Previous Discharges: 	None
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 11B1E/Infantryman   GT: NA   EDU: HS Grad   Overseas: Southwest Asia   Combat: Afghanistan (070522-080803 and 090815-100602)
Decorations/Awards: BSM, ARCOM-w/V Device, AGCM, ACM-w/CS, GOWTSM, NCOPDR, OSR-2, NATOMDL, CIB

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None Listed








VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 21 June 2010, 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 for the wrongful use of marijuana between (100111 and 100125), with a general, under honorable conditions discharge.  He was advised of his rights.
       
       On 22 June 2010, the applicant's consulted with legal counsel, was advised of the impact of the discharge action, and submittd a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  
       
       On 15 July 2010, 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, the issues, 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 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 service below that meriting a fully honorable discharge.  
       
       The analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the documented action under Article 15 of the Uniformed Code of Military Justice.
       
       The analyst acknowledges the applicant's successful transition to civilian life and noted the accomplishments outlined with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  
       
       
       
       
       
       
       
       
       
       
       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 25, separation authority as “AR 635-200, paragraph 14-12c(2),” block 26 as separation code “JKK,” block 27, re-entry code as “4,” and block 28, narrative reason for separation as “Misconduct (Drug Abuse)”  In view of the foregoing, the analyst determined the narrative reason for the discharge is inequitable and recommends to the Board that block 25, be changed to read separation authority:  “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.
       
       In view of the foregoing, 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: 25 April 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, Certificate for award of the Bronze Star Medal, Certification for award of the Army Commendation Medal with "V" Device, Copy of Orders for award of the Army Good Conduct Medal, and DD Form 214 for the period of service under review.

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. 

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 as separation code “JKK,” and block 28, narrative reason for separation as “Misconduct”   In view of the foregoing, the Board voted to administratively change block 25, to read separation authority:  “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 2    No change 3
Reason -     Change 4    No change 1
(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)
Other: Change Separation Authority to AR 635-200, Paragraph 14-12c with corresponding SPD Code of JKQ, RE Code to RE-3.
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 AR20110021846
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