Applicant Name:  ?????

Application Receipt Date: 2012/01/18	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, he was an excellent Soldier and was going through a trying marriage while his wife was heavily using drugs.  They have been separated almost 10 years.  He had done this due to her unwillingness to stop and now he has filed for divorce.  He is trying to make things right and would have gone to war if it was not for her actions.  He is considering joining the reserves and would like a clean record.  Since his discharge, he has obtained two college degrees, he is a single father, and has a good job working in a shipyard on the Great Lakes.  

He believes his discharge is holding him back from future employment.  He did not knowingly consume any drugs such as THC.  He believes they were placed in his meals by his wife. 

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: 010409
Discharge Received: 			   Date: 010425   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: Company A, 326th Engineer Battalion, 101st Airborne Division (Air Assault), Fort Campbell, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 010312, wrongfully used marijuana (001204-010104), reduction to E-4, forfeiture of $788.00 pay for two months (suspended), extra duty and restriction for 45 days. (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 991020    Current ENL Term: NIF Years  ?????
Current ENL Service: 	01 Yrs, 06 Mos, 05 Days ?????
Total Service:  		04 Yrs, 10 Mos, 05 Days ?????
Previous Discharges: 	RA-960621-991019/HD
                                       (Immediate Reenlistment)
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 12B10 Combat Engineer   GT: 108   EDU: HS Degree   Overseas: Alaska   Combat: None
Decorations/Awards: AAM-2, AGCM, NCOPDR, ASR, OSR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: Attending college

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 9 April 2001, 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 commission of a serious offense for being convicted of using a controlled substance, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 9 April 2001, the applicant consulted with legal counsel, was advised of the impact of the discharge action,  waived his right to an administrative separation board even though he was not entitled to one, 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 April 2001, 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 and the issue and documents submitted with the application, the analyst determined that the discharge was both proper and equitable  
       
       The applicant, by violating the Army's policy not to abuse alcohol compromised the special trust and confidence placed in a NCO.  The applicant, as a NCO, had the duty to support and abide by the Army's alcohol abuse policies.  By abusing alcohol, the applicant knowingly risked a military career, and the misconduct diminished the quality of service below that meriting a fully honorable discharge.  
       
             The applicant contends he was an excellent Soldier and was going through a trying marriage with his wife heavily using drugs.  The record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, and Community Counseling Center which available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.
       
       The applicant expresses that he is considering joining the reserves and would like a clean record.  However,  at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.  
       
             Further, the applicant states that he believes his discharge is holding him back from future employment.  He did not knowingly consume any drugs such as THC.  He believes they were placed in his meals by his wife.  The analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Additionally, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue.  There is no evidence in the record, nor has the applicant produced any evidence, to support the contention that he was unjustly discharged.  The applicant’s statements alone do not overcome the government’s presumption of regularity and he has not provided any documentation or further evidence in support of his request for an upgrade of his discharge. 
       
       
       Moreover, the applicant requests to have the reason changed to "Completed the 2nd term of service;" however, he 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", and the separation code is "JKK."  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.  
       
       Lastly, the applicant explains that since his discharge, he has obtained two college degrees, he is a single father, and has a good job working in a shipyard on the Great Lakes.  The analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined with the application and in the documents 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. 
       
       Therefore, 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: 20 June 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293; DD Form 214, a college transcript from Austin Peay State University, and OPMF documents, 33 pages 

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.  

Further, notwithstanding the propriety of the applicant's discharge, the Board voted to change the applicant’s reason for discharge, authority and separation code directing that block 25, separation authority be changed to “AR 635-200, paragraph 14-12c”, block 26, and the separation code be changed to “JKQ”, as it was approved by the separation authority.   

Except for the foregoing modifications, the Board determined that the discharge was both proper and equitable.











 
        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
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: No Change
Other: Administrative change be made to block 25, separation authority to read AR 635-200, PARA 14-12c with corresponding SPD code of JKQ. 
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 AR20120001372
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