Applicant Name:  ?????

Application Receipt Date: 2012/03/28	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I was not offered the proper rehabilitation program while in service. After leaving the Army I have attended coarses (sic) at Polk State College, and I received 30 credits in general education classes with college transcripts as supporting evidence.  I am currently enrolled in the drafting and design program at ITT Tech Institute in Norfolk, Virginia.  I can produce an enrollment certification for the current semester.  I am also working at IHOP with steady employment."

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: 050822
Discharge Received: 			   Date: 051102   Chapter: 14-12c(1)       AR: 635-200
Reason: Misconduct (Absentee Returned to Military Court)	   RE:     SPD: JKD   Unit/Location: B Btry, 5-3rd FA, 17th FA Bde, Fort Sill, OK 

Time Lost: None

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

Courts-Martial (Charges/Dates/Punishment): 050822, SCM, wrongfully used cocaine  (050324-050425); wrongfully used MDMA (ecstasy) (050411-050425); and wrongfully used methamphetamine (050411-050425); forfeiture of $617 pay x 1 month and confinement for 30 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 020823    Current ENL Term: 04 Years  ?????
Current ENL Service: 	03  Yrs, 02  Mos, 10  Days ?????
Total Service:  		03  Yrs, 02  Mos, 10  Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 13M10 MLRS/HIMARS Crew   GT: 102   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: NDSM, GWOTSM, KDSM, ASR, OSR

V.  Post-Discharge Activity
City, State:     
Post Service Accomplishments: The applicant stated in his application he attended courses at [redacted] and received 30 credits in general education classes, also he is enrolled in the drafting and design program at [ redacted ] Technical Institute and employed at [ redacted ] with steady employment.

VI.  Facts, Circumstances, and Legal Basis for Separation
       a.  Facts and Circumstances:
       The evidence of record shows that on 22 August  2005, 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 being found guilty by a Summary Court-Martial for multiple charges of wrongfully using cocaine, ecstasy and methamphetamine (050822), with an under other than honorable conditions discharge.  He was advised of his rights.  
       On 20 September 2005, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board, 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 and senior intermediate commanders reviewed the proposed action and recommended approval of the separation with an under other than honorable conditions discharge.   
         
       On 19 October 2005, 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 a careful review of all the applicant’s military records during the period of enlistment under review and the issues submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's characterization of service.
       
       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 was not offered the proper rehabilitation program while in service.  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.  Also, 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.
       
       Further, the applicant bears the burden of the presentation of substantial and credible evidence to support his contention.  There is no evidence in the record, nor has the applicant produced any evidence, to support the contention that he did not receive proper ASAP treatment.. 
       
       Additionally, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 
       
       The analyst acknowledges the applicant's successful transition to civilian life and noted the accomplishments outlined with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.
       
       Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.
       
       
       
       
       Furthermore, 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 24, characterization of service as general, under honorable conditions, block 25, separation authority as “AR 635-200, paragraph 14-12c(1),” block 26 as separation code “JKD,” and block 28, narrative reason for separation as “Misconduct (Absentee Returned to Military Court).” 
       
       In view of the foregoing, the analyst determined the narrative reason for the discharge block 25, be changed to read separation authority; “AR 635-200, paragraph 14-12c,” block 26, separation code to read "JKQ,"  and block 28, reason for separation to read “Misconduct (Serious Offense)”  as it was approved by the separation authority.
       
       Further, the analyst determined that found that someone in the discharge process erroneously entered on the applicant's DD Form 214 block 24, characterization of service as general, under honorable conditions.  The analyst recommends that block 24, characterization of service be administratively corrected to under other than honorable conditions as approved by the separation approving authority.  Except for the foregoing modifications, the analyst determined that the reason for discharge and the characterization of service were was both proper and equitable and recommends to the Board to deny relief.
       
VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 17 August 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Online application, dated (120323).


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 someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service, as general under honorable conditions.  In view of the error, the Board voted to correct it and directed that an administrative change be made to block 24, character of service to "under other than honorable conditions,” as approved by the separation authority. 

Further, notwithstanding the propriety of the applicant's discharge and on the basis of equity, the Board voted to change the applicant’s reason for discharge, authority, and separation code.  The Board directed that block 25, separation authority be changed to AR 635-200, paragraph 14-12c, block 26, separation code be changed to JKQ, 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 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: Misconduct (Serious Offense), under provisions of Chapter 14, AR 635-200.
Other: Change block 25, separation authority to AR 635-200, paragraph 14-12c, block 26, separation code to JKQ and block 28, narrative reason for separation to Misconduct (Serious Offense).
RE Code: 
Grade Restoration:   No   Yes   Grade: None

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 AR20120006646
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