Applicant Name:  ?????

Application Receipt Date: 2012/04/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I would like to upgrade my General Under Honorable Discharge to an Honorable Discharge.  Since my separation from the military, I've remained an honorable citizen of the United States.  I've never been arrested and I've obtained an associates degree in Criminal Justice. I would like to use that degree to further my career, but my current discharge is prohibiting me from moving forward.  I would like to serve my community and hope that you will consider my request for an upgrade.  Sincerely, KB"

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: 991119
Discharge Received: 			   Date: 991124   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKK   Unit/Location: HHB, U.S. Army Air Defense Artillery Center, Fort Bliss, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 990927,wrongfully used cocaine (990818-990824); reduction to E-3, forfeiture of $714 pay x 2 months (suspended), and extra duty for 45 days, (FG).

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 990503    Current ENL Term: 03  Years  block 12a on the DD Form 214 dated entered active duty this period, is incorrect and should read (990503), see immediate reenlistment contract. 
Current ENL Service: 	00  Yrs, 06  Mos, 22  Days ?????
Total Service:  		04  Yrs, 04  Mos, 24  Days ?????
Previous Discharges: 	RA-950711-990502/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 31L10 Wire System Installer   GT: 103   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AGCM, NDSM, ASR

V.  Post-Discharge Activity
City, State:     
Post Service Accomplishments: The applicant stated in the application that she obtained an Associate's Degree in Criminal Justice.  

VI.  Facts, Circumstances, and Legal Basis for Separation
       a.  Facts and Circumstances:
       The evidence of record shows that on 19 November 1999, 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 using cocaine, with a general, under honorable conditions discharge.  She was advised of her rights.
       
       On 19 November 1999, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of her case by an administrative separation board, contingent upon her receiving a characterization of service of no less favorable than general, under honorable conditions (although she was not entitled to a board) 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 with a general, under honorable conditions discharge. 
         
       On 23 November 1999, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The analyst noted that on the applicant's DD Form 214 block 27, reentry eligibility (RE) code reads "4." According to AR 635-5-1, Separation Program Designator (SPD)/Reentry (RE) Codes Cross-Reference Table, at the time of discharge requires a reentry eligibility (RE) code of "3."   
       
       The applicant's record contains a CID Report of Investigation, dated 29 October 1999.

       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 discharge and a change to the narrative reason for separation.  
       
       The analyst determined that the applicant’s discharge was appropriate because the quality of her 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 possessing illegal drugs, the applicant knowingly risked a military career and diminished the quality of her service below that meriting a fully honorable discharge.
       
       The applicant requested a change to the narrative reason for separation.  The narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 14, paragraph 14-12c, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct," the separation code is "JKK," and the reentry code is "RE 3."  
       
       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, separation code, entered in block 26, and RE Code, entered in block 27 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.  
       
       The applicant contends since her separation from the military she has remained an honorable citizen and has never been arrested.  The applicant is to be commended for her efforts.  However;  this contention is not a matter on which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion relating to the discharge process, nor is it associated with the discharge at the time of issuance.   
       
       
       The applicant further contends she would like to use her degree to advance her career, but her current discharge prohibits her from moving forward.  The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 
       
       The analyst acknowledges the applicant's successful transition to civilian life and noted the accomplishment outlined with the application.  However, in review of the applicant’s entire service record, the analyst found that this accomplishment does not overcome the reason for discharge and characterization of service granted.
       
       Additionally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 27, reentry eligibility (RE) code of  "4."  The analyst recommends that block 27, reentry eligibility (RE) code be administratively corrected to "3."  Except for the foregoing modification to the applicant's reentry eligibility (RE) code, the analyst determined that the reason for discharge, the characterization of service, to include the reentry eligibility (RE) code 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: 12 September 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Online application, dated (120405); DD Form 214, (991124); and Transcript, Finlandia University, dated (040403).

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 voted to administratively correct block 27,  reentry eligibility (RE) code to "3."  Except for the forgoing modification to the applicant's reentry eligibility (RE) code, 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: No Change
Other: Correct block 27,  reentry eligibility (RE) code to "3." 
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 AR20120007184
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