Applicant Name:  ?????

Application Receipt Date: 2012/03/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "During my time in service in the US Army, I was injured in my right foot causing me severe pain.   Although my actions were desperate and puerile, I turned to drugs to alleviate the pain I had been in.   Though this instance of desperation happened just one night, it caused me to fail my urinary analysis.   Since the night that it happened, I have not touched another drug.  During the remainder of my time in service, I received permission from my Commander to seek outside civilian help as well as through   Military provided rehabilitation.  I completed all classes and spent over 30 days attending meetings in a civilian “NA” group.  Following my discharge on July 23, 2010, I returned home to Massachusetts where I immediately inquired about civilian work.  I was hired by the company TJ Maxx at the end of August and have worked for the company ever since.  I work full time as a Loss Prevention Detective.  Through this work, I come in contact daily with civilians who are frequent drug users.  I also come in contact with police personnel on a weekly basis.  Through many court appearances and in working closely with multiple police departments I have seen what my life could have ended up like.  Though I often regret my actions that occurred during my service, I will never forget what an eye opener it was for me.  I live a clean and sober life and have been raising a 10 month old girl.  I work closely with children often showing the importance of staying in school and keeping far away from drugs.  I have also sought [sic] medical help with regards to my foot and never again have self medicated.  I have grown more than I knew possible over the past year and a half.  I feel personally that I am doing exceptionally well.  I have put my finances in order, my family in order, as well as my life.  Living soberly will always be the only way for me to live.  After the utter disrespect I showed to myself, my family, and my uniform, I have made a complete positive change within myself.  I hope that one day I can work again with the Military in any way possible as a civilian.  Although I am ashamed of what I have done in the past, I feel as though my actions over the past almost two years have made up for the poor decision of one night.  I hope that whoever reads this will take this into consideration as they make their decisions.  I know now more than I ever did that I am a true patriot and will never show my country any more disrespect.  I hope that in working in my profession, I am able to help others see the downward spiral that drugs may cause them.  I have already worked with teens to make sure that they stay clean and have followed up with their progress.  I have taken an imperfect situation and done the best that I can to shape the rest of my life.  I am proud of who I am today and hope that one day I will be able to say I am a real veteran of the US Military.  Thank you."

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: 100629
Discharge Received: 			   Date: 100722   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: Charlie Company, 832d Ordnance Battalion, Redstone Arsenal, Alabama  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100617, wrongfully used cocaine (100428-100504), reduction to E-1, forfeiture of $723 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:  20
Current ENL Date: 100119    Current ENL Term: 4 Years  ?????
Current ENL Service: 	0  Yrs, 6  Mos, 4  Days ?????
Total Service:  		0  Yrs, 6  Mos, 4  Days ?????
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: 09B10 Trainee, Unassigned   GT: 114   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 29 June 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-abuse of illegal drugs for wrongfully using cocaine (100428 - 100504), with a general, under honorable conditions discharge.  She was advised of her rights.  
       
       On 8 July 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action,  and did not submit a statement in her 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 14 July 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:  
       The analyst noted that the applicant was separated under the provisions of Chapter 14, paragraph 14-12c (2), AR 635-200, by reason of misconduct-drug abuse, with a general, under honorable conditions discharge.  However, Army Regulation 635-200, paragraph 14-3, stipulates that if a discharge under other than honorable conditions is not warranted for a Soldier in entry-level status, then the characterization will be described as uncharacterized.  The record indicates that at the time the unit commander notified the applicant of initiation of discharge proceedings, the applicant had served less than 180 days and as such he was still in entry-level status.
       
       The applicant contends that the narrative reason for her 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.  
       
       In view of the foregoing, the analyst recommends to the Board to grant relief in the form of an upgrade of the characterization of service to uncharacterized.  However, the analyst determined the reason for the discharge to be proper and equitable.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 15 August 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: On-line Application and a DD Form 214

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 applicant’s characterization of her service is improper.  The evidence of record supports that she was discharged under the provisions of Chapter 14-12c(2), AR 635-200 for misconduct-drug abuse.  The policy as stipulated in AR 635-200, paragraph 3-9, stipulates that a Soldier in entry level status is not authorized a general, under honorable conditions discharge.  In view of the foregoing the Board directed that the applicant's characterization of service be changed to Uncharacterized.  However, the Board determined that the reason for the discharge was proper and equitable and voted not to change it.
        
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
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 AR20120005835
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