Applicant Name:  ?????

Application Receipt Date: 2012/02/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that at the time he was discharged, he was in a major state of depression because the Army was attempting to change his MOS from Satellite Communications to Infantry.  They put him in a holding unit and had him sweeping floors and doing non-value activities while in a waiting pattern.  This meant he would not be eligible for the bonus he was promised and that he may also have to go to war in Afghanistan.  He got depressed and began to smoke marijuana.  At that point, he felt hopeless.  He had been a good Soldier and had done everything asked of him, but because he had not passed one test, they were attempting to change his MOS.  When he came up positive for marijuana, they decided to discharge him.  Since he has been out of the Army, his parents have helped me a lot and he has sought medical attention for his issue.  When the incident occurred, he was only 19 years old.  He is now 21 and has his whole life ahead of him.  Both of his parents were military officers, and he does not want one mistake to affect him in terms of jobs, etc., for the rest of my life.  Getting the General Discharge under Honorable Conditions upgraded to Honorable Discharge would open new doors for him, and possibly allow him to re-enter the Army and try again to be all he can be.  He humbly requests of the Board to positively consider his request.

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: 100310
Discharge Received: 			   Date: 100325   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: Co B, 369th Signal Battalion, 15th Signal Brigade, Fort Gordon, GA 

Time Lost: AWOL (100319-100325) for 7 days

Article 15s (Charges/Dates/Punishment): 100303, wrongfully used marijuana (091219-100119), reduced to E-1; forfeiture of $723 x 2 months; 45-day 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:  19
Current ENL Date: 090708    Current ENL Term: 4 Years  ?????
Current ENL Service: 	00 Yrs, 08 Mos, 11 Days ?????
Total Service:  		00 Yrs, 08 Mos, 11 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: None   GT: 103   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM

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 10 March 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct—for wrongful use of marijuana (100119), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 10 March 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action 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 18 March 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 and the issue 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 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 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 diminished the quality of service below that meriting a fully honorable discharge.  
       
       The applicant contends he is entitled to an upgrade of his discharge because of mitigating circumstances which contributed to his misconduct.  Specifically, he claims stress at work resulted in his discharge.  While the applicant may believe his stress at work was the underlying cause of his misconduct, 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, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  Furthermore, the analyst noted the applicant’s resulting medical issue; as outlined in the documents with his application.  However, in review of the applicant’s entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted.
       
       The applicant also contends that the narrative reason for his discharge should be changed.  However, the applicant 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 (Drug Abuse)", 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. 
       
       Further, the analyst noted that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.  
       
       The analyst also noted the applicant's issues about his desire to rejoin the Service and to have better job opportunities.  However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  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.  
       
       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: 27 July 2012         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online Application, dated 28 February 2012 w/self-authored statement; medical documents, dated July 2009, 23 June 2010, and 21 June 2010; DD Form 214 for service under current 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.  
        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
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: NA
Other: NA
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 AR20120003801
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