Applicant Name:  ?????

Application Receipt Date: 2012/01/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "The incident resulting in the discharge was a one time incident due to me being with the wrong group of individuals and I have since learned my lesson. This discharge is a severe punishment which will follow me the rest of my life. At the time of the discharge individuals were being discharged for minor infractions due to the draw down of the military and I feel a lower than honorable discharge at the convenience of the government is not fair. l am asking for an upgrade so that I may reenter the Army to serve my country when more personnel are needed."

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: 110412
Discharge Received: 			   Date: 110509   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: 96th Heavy Truck, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 110131, Wrongfully possessing spice (110107) and underage drinking (110107), reduction to E1; forfeiture of $733.00 pay per month for two months; extra duty for 45 days; and restriction for 60 days, (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 100713    Current ENL Term: 04 Years  18 Weeks
Current ENL Service: 	00 Yrs, 09  Mos, 27  Days ?????
Total Service:  		00 Yrs, 09  Mos, 27  Days ?????
Previous Discharges: 	None
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: 91B10/Wheeled Vehicle Mechanic   GT: 92   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

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 12 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 for abuse of illegal drugs (wrongful possession of spice), with a general, under honorable conditions discharge.  He was advised of his rights.
       
       On 13 April 2011, the applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation Board (which he was not entitled too), 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 19 April 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The applicant's record contains a Police Desk Blotter, dated 8 January 2011.
       
       The analyst noted that on the applicant's DD Form 214 block 25, "Separation Authority" reads "AR 635-200, paragraph 14-12c(2)," block 26 "Separation (SPD) Code " reads "JKK," block 27 "Reentry Eligibility (RE) Code" reads "4," and block 28 "Narrative Reason For Separation," reads "Misconduct (Drug Abuse)."
       
       However, the separation authority approved the applicant's discharge under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense, which the separation (SPD) code is "JKQ."  According to AR 635-5-1, Separation Program Designator (SPD)/Reentry (RE) Codes Cross-Reference Table, requires a reentry eligibility (RE) code of "3."

       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 during the period of enlistment under review and the issues and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.
       
       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 his 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 applicant contends his discharge was based on a one time incident.  The analyst noted the applicant's contention; however, even though a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  The analyst having examined all the circumstances determined that the applicant's single incident of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  This single incident of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge. 
       
       Additionally, notwithstanding the propriety of the applicant's discharge, the analyst noted that the narrative reason for discharge is inequitable because the drug called spice was not determined to be illegal until 1 March 2011.  Therefore, the analyst recommends that block 25, "Separation Authority" be changed to read "AR 635-200, paragraph 14-12c," block 26 "Separation (SPD) Code " be changed to read "JKQ," block 27 "Reentry Eligibility (RE) Code" be changed to read "3," and block 28 "Narrative Reason For Separation," be changed to read "Misconduct (Serious Offense)."
       Except for the foregoing modifications the analyst determined that the characterization of service was 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 June 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 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 characterization of service was both proper and equitable, and voted to deny relief.

Furthermore, the Board determined that the narrative reason for discharge is inequitable.  The Board found that spice the drug the applicant was discharged for was not determined to be illegal until 1 March 2011.  Accordingly, the Board voted to change block 25, "Separation Authority" to read "AR 635-200, paragraph 14-12c," block 26 "Separation (SPD) Code " to read "JKQ," block 27 "Reentry Eligibility (RE) Code" to read "3," and block 28 "Narrative Reason For Separation," to read "Misconduct (Serious Offense)."





























        
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)
Other: The Board voted to change block 25, "Separation Authority" to read "AR 635-200, paragraph 14-12c," block 26 "Separation (SPD) Code " to read "JKQ," block 27 "Reentry Eligibility (RE) Code" to read "3," and block 28 "Narrative Reason For Separation," to read "Misconduct (Serious Offense)."
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
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 AR20120001179
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