Applicant Name:  ?????

Application Receipt Date: 2011/11/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he has been out of the military for 3 years and was told that he should not have left his last duty station because of this matter.  He was discharged through a speedy process.  He was not given a trial or anything.  He would like his discharge upgraded and his reentry code higher so he can join the National Guard or find other federal jobs.  He would also like his orders for Kuwait, Qatar, Romania and Bulgaria to be added to his DD 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: 	   Date: 080508
Discharge Received: 			   Date: 080521   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: A Battery, 1st Battalion, 94th Field Artillery Regiment, United States Army NATO Brigade, APO AE  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060106, stole one gemstone ball, valued at $200, the property of Kreissparasse Birkenfield (050820); reduction to E-2, forfeiture of $323.00 pay per month for 1 month, 14 days restriction, and 14 days extra duty; (CG). 

071121, wrongful use of marijuana (070631 - 070731); reduction to E-1, forfeiture of $650 pay per month for 2 months, 45 days restriction, and 45 days extra duty; (FG).

080403, wrongful use of marijuana (080113 - 080211); forfeiture of $673.00 pay per month for 2 months, 45 days restriction, and 45 days extra duty; (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: 041105    Current ENL Term: 4  Years  ?????
Current ENL Service: 	3  Yrs, 6  Mos, 16  Days ?????
Total Service:  		7  Yrs, 1  Mos, 20  Days ?????
Previous Discharges: 	RA 010402 - 030902/HD
                                       RA 030903 - 041104/HD                                       
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92F10 Petroleum Supply Specialist   GT: 84   EDU: HS Grad   Overseas: Romania   Combat: NIF
Decorations/Awards: AGCM x 2, NDSM, GWOTSM, ASR






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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 8 May 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Section III, Paragraph 14-12c(2), AR 635-200, by reason of misconduct-abuse of illegal drugs for wrongfully using marijuana, and larceny (060106) with a general, under honorable conditions discharge.  He was advised of his rights.
         
       On 27 May 2008, 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 him receiving a characterization of service no less favorable than an honorable discharge and submitted 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 17 June 2008, the separation authority disapproved the conditional waiver request, waived further rehabilitation and directed the applicant's discharge with a characterization of service of general, under honorable 

       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 and the issue and documents he submitted, the analyst determined that the applicant's characterization of service is improper.  
       
       The evidence of record shows that the applicant consulted with legal counsel and waived his right to an administrative separation board contingent upon receiving an honorable discharge.  The analyst noted that he was entitled to have his case reviewed by an administrative separation board and had over 6 years of total active and reserve military service at the time of initiation of separation action.  The analyst noted that an administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects that the applicant did not receive an administrative separation board based on the conditional waiver he submitted nor an honorable characterization of service.  Furthermore, denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the characterization of his service is improper.
       
        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. 
       
       The analyst noted the applicant's issue about orders for Kuwait, Qatar, Bulgaria, and Romania being placed on his DD 214; however, the correction the applicant requests to be made to the DD Form 214, does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing the enclosed DD Form 149 regarding this matter.  A DD Form 149 may also be obtained from a Veterans' Service Organization. 
       
       In view of the foregoing, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to fully honorable.  However, the narrative reason for discharge was both proper and equitable.
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 11 May 2012         Location: ?????

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: A DD Form 293, orders 221-001 and a 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 characterization was improper.  The evidence of record shows that the applicant had over 6 years of total active and reserve military service at the time of initiation of separation action and was entitled to an administrative separation board.  He waived the board contingent upon receiving a characterization of no less than honorable.  The record reflects that the applicant did not receive an honorable characterization of service based on the conditional waiver he submitted nor an adminstrative separation board.  The Army Discharge Review Board determined that denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the characterization is improper.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  The Board determined that the reason for discharge was proper and equitable and voted not to change it.  





























        
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
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 AR20110022441
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