Applicant Name:  ?????

Application Receipt Date: 2012/02/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I have strightened my life style out and I am now a family man.  I have a child to raise and I feel an Honorable Discharge would be in my favor to obtain better employment.  This would benefit my family as I would be able to contribute more financially."

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: 030109
Discharge Received: 			   Date: 030224   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: A Co, 62d En Bn, Fort Hood, TX 

Time Lost: AWOL x 1 for 28 days (021022-021118), mode of return unknown.

Article 15s (Charges/Dates/Punishment): 011116, Failure to go at the time prescribed to his appointed place of duty (011011) and under age drinking (011006), forfeiture of $243.00 pay per month for one month (suspended); and extra duty and restriction for 14 days, (CG).

020621, Wrongful use of a controlled substance (marijuana) between (020415 and 020515), reduction to E1 and extra duty for 45 days, (FG).

021209, AWOL (021022-021119), failure to go at the time prescribed to his appointed place of duty (021121), lose of his military ID Card (021122), and stealing from AAFES a value of about $3.50 (021124), reduction to E1; forfeiture of 1/2 pay per month for two months; extra duty for 45 days; and restriction for 45 days, (FG).

030210, Wrongful use of marijuana x 2 between (021011 and 021111 and 021102 and 021202) wrongful use of cocaine between (021011 and 021111), failure to go at the time prescribed to his appointed place of duty x 3 (021214, 021214, and 021217), forfeiture of $575.00 pay for one month; extra duty for 45 days; 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:  19
Current ENL Date: 010118    Current ENL Term: 04 Years  ?????
Current ENL Service: 	02 Yrs, 00  Mos, 09  Days ?????
Total Service:  		02 Yrs, 00  Mos, 09  Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 63S10/HVY Wheeled Veh Mech   GT: 102   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 9 January 2003, 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 receiving a Company Grade Article 15, two Field Grade Artilce 15's, a positive urinalysis and serveral negative counselings, with an under other than honorable conditions discharge.  He was advised of his rights.
       
       On 9 January 2003, the applicant waived his right to consult with legal counsel and voluntarily waived consideration of his case by an administrative separation board, contingent upon him receiving a characterization of service of no less favorable than under other than honorable conditions.  The applicant did not submit a statement on his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commanders reviewed the proposed action and recommended approval with an under other than honorable conditions discharge.  
       
       On 12 February 2003, the separation authority approved the applicant's unconditional waiver and directed the applicant’s discharge with a characterization of service of under other than honorable conditions.
       
       The analyst noted that on the applicant's DD Form 214 block 25, "Separation Authority" reads "AR 635-200, paragraph 14-12c(2)," and block 26 "Separation (SPD) Code " reads "JKK."
       
       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."

       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 he submitted, the analyst determined that the characterization of service is improper.  
       
       The analyst noted that the government introduced into the discharge packet the results of a command directed competence for duty (i.e., fitness for duty) biochemical test.  The record contains a DD Form 2624, which shows the applicant tested positive for marijuana on 5 May 2002, as a result of a command directed urinalisys.  This is limited use information as defined in AR 600-85.  Use of this information mandates award of a fully honorable characterization of service.  
       
       
       
       
       
       
       Additionally, notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as “AR 635-200, paragraph 14-12c(2),” and block 26, separation code as “JKK."  In view of the foregoing, the analyst recommends to the Board that an administrative correction be made to block 25, separation authority to “AR 635-200, paragraph 14-12c,” and block 26, separation code to “JKQ,” as approved by the separation authority.
       
       Except for the foregoing modification to the applicant's Separation Authority and Separation (SPD) Code, the analyst determined that the narrative reason for discharge was both proper and equitable and recommends to the Board not to change it.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 20 July 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 noted that the government introduced the results of a command directed urinalysis into the discharge process.  This is limited use information as defined in AR 600-85.  Use of this information mandates award of a fully honorable discharge.  Accordingly, the Board voted to change the characterization of service to fully honorable.  

Furthermore, the Board determined that the narrative reason for discharge is inequitable.  Accordingly, the Board voted to change block 25, "Separation Authority" to read "AR 635-200, paragraph 14-12c," and block 26 "Separation (SPD) Code " to read "JKQ."
        
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
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: NA
Other: The Board voted to change block 25, "Separation Authority" to read "AR 635-200, paragraph 14-12c,"and  block 26 "Separation (SPD) Code " to read "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 AR20120003941
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