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 what happened to him was messed up because he was told a bunch of lies but none of them happened.  He requests an upgrade of his discharge to general, under honorable conditions because he was also told this would happen and hopes it is not just another lie.

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: 110806
Discharge Received: 			   Date: 110825   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: A Co, TF 1-182, Camp Patriot, Kuwait 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): 110806, on divers occasions while at Fort McCoy wrongfully distributed hydrocodone (101001-101031); on divers occasions while at at Camp Patriot, wrongfully distributed hydrocodone (101215-101231), reduction to E-4, forfeiture of $542 (SCM)

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  40
Current ENL Date: OAD 100916    Current ENL Term: 0 Years  340 days
Current ENL Service: 	00 Yrs, 11 Mos, 10 Days ?????
Total Service:  		20 Yrs, 09 Mos, 16 Days Includes14 years of Inactive Service
Previous Discharges: 	RA 901120-941119/HD
                                       USAR 941120-971210/NIF
                                       ARNG 971211-110825/UOTH
                                       OAD 030128-031028/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 88M10/Motor Trans Opr   GT: 94   EDU: HS Grad   Overseas: SWA   Combat: Kuwait (101118-110820 and 030509-031012)
Decorations/Awards: AAM, AGCM-2, GWOTEM, GWOTSM, AFRM, ASR, OSR

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 6 August 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 wrongfully distributing hydrocodone, a controlled substance (October 2010), and while deployed overseas on divers occasions wrongfully distributed hydrocodone (December 2010), a controlled substance, with an under other than honorable conditions discharge.  He was advised of his rights.  
       
       A plea agreement and stipulation of fact (110803) contained in the record indicates the applicant agreed to waive an administrative separation board in exchange for a referral of charges to a summary court-martial.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to appear before an administrative separation board, 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 commanders reviewed the proposed action and recommended approval with an under other than honorable conditions discharge.  
       
       On 16 August 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of under other than 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 issues 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 non-commissioned officer.  The applicant, as an NCO, had the duty to support and abide by the Army's drug policies.  By distributing illegal drugs, the applicant knowingly risked a military career and his misconduct diminished the quality of his service below that meriting a general or a fully honorable discharge.  
       
       Furthermore, the analyst noted the PTSD diagnosis in the document submitted by the applicant; however, in review of the applicant's entire service record and the repeated incidents of serious misconduct the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted.  The analyst concluded that just because the applicant suffers from PTSD does not mean he doesn't know the difference between right and wrong or that he did not have control over his behavior.  There are many Soldiers with the same condition that complete their service successfully.
       
       Moreover, 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.  
       
       Additionally, the U.S. Army does not have, nor has it ever had, a policy to automatically upgrade discharges.  Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge.  Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable.
       
       Finally, 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),” block 26 as separation code “JKK,” block 27, re-entry code as “4,” and block 28, narrative reason for separation as “Misconduct (Drug Abuse).”   
       
       In view of the foregoing, the analyst recommends to the Board that an administrative change be made to block 25, to read separation authority:  “AR 635-200, paragraph 14-12b,” block 26, separation code to read "JKA," block 27, reentry code to read “3,” and block 28, reason for separation to read “Pattern of Misconduct,”  as approved by the separation authority.   However, the characterization of the applicant’s service was proper and equitable and recommends to the Board to deny relief. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 18 July 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Medical record with initial diagnosis of PTSD.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh, and as a result it is inequitable.  The Board concluded that the overall length and quality of the applicant’s service (AAM award and prior honorable discharge), to include his combat service, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant relief full in the form of an upgrade of the characterization of service to general, under honorable conditions.  

Further, notwithstanding the propriety of the applicant's discharge, the Board 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)”, block 26 separation code as “JKK”, block 27, reentry code as “4”, and block 28, narrative reason for separation as "Misconduct (Drug Abuse)."  In view of these errors, the Board voted to administratively change block 25, separation authority to “AR 635-200, paragraph 14-12b,” block 26, separation code to “JKA,” block 27, reentry code to “3,” and block 28, narrative reason for separation to "Pattern of Misconduct," as approved by the separation authority.
        
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: Pattern of Misconduct with corresponding SPD code of JKA.
Other: Change the authority to AR 635-200, paragraph 14-12b.
RE Code: 
Grade Restoration:   No   Yes   Grade: E-4/SPC.

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