Applicant Name:  ?????

Application Receipt Date: 2012/01/19	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was improperly discharged because he was not given a chance for rehabilitation and that is what caused his discharge was an isolated incident in 10 months of active service and over one  year of reserve duty service.

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: 071203
Discharge Received: 			   Date: 071220   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: Svc Co, 4-5 Air and Missile Defense Cmd, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 071116, wrongfully used oxycodone and oxymorphone (070928), forfeiture of $250 for two months (suspended), 30 days of extra duty and restriction (FG)

071001, wrongful appropriation of gasoline (070709), failed to comply with a regulation to have liability insurance (070828), failed to report two times (070801, 070825), reduction to E-1, forfeiture of $650 for two months, 45 days of extra duty and restriction (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: 061219    Current ENL Term: 3 Years  2 weeks
Current ENL Service: 	01 Yrs, 00 Mos, 02 Days ?????
Total Service:  		02 Yrs, 05 Mos, 25 Days ?????
Previous Discharges: 	USAR 050428-061218/NA
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 92Y10/Unit Supply Spc   GT: 110   EDU: GED   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 3 December 2007, 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 wrongfully using oxycodone and oxymorphone for which he received a field grade Article 15 (071116), and for receiving a second field grade Article 15 (071001) for wrongful appropriation, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 3 December 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, submitted a conditional waiver (not entitled) 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 with a general, under honorable conditions discharge.  
       
       On 6 December 2007, 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 issue, and the 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 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 special 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, 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 that his discharge was as a result of one single incident.  However, the record shows that the applicant’s service was marred by two field grade Articles 15 for multiple violations of the UCMJ including wrongfully using illegal drugs.  The discrediting entries 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 or more provides the basis for a characterization.  The analyst having examined all the circumstances determined that the applicant's incidents of misconduct did indeed adversely affect the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline.  These incidents of misconduct of abusing illegal drugs and wrongful appropriation clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge. 

              Moreover, the applicant contends that he was not given a chance to rehabilitate himself.  However, AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements states that the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier.  Further, AR 600-85, paragraph 3-8 entitled self-referrals; states that the applicant could have self-referred himself to the Army Substance Abuse Program (ASAP) counseling center for assistance.

               Finally, 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.  

              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: 23 July 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: Three character reference letters of support.

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, separation code and reentry code and directed that block 25, separation authority be changed to “AR 635-200, paragraph 14-12c”, block 26, separation code be changed to “JKQ”, block 27, reentry code be changed to “3," and block 28, narrative reason for separation be changed to "Misconduct (Serious Offense)," 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 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) with corresponding SPD Code of JKQ.
Other: Change the authority to AR 635-200, paragraph 14-12c
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 AR20120002277
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