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, in effect, he received a general, under honorable conditions discharge for drinking alcohol during Robin Sage.  His separation authority was supposed to be AR 635-200, paragraph 14-12c with a separation code of JKQ and a reentry code of “3.”  His narrative reason for separation was supposed to have been misconduct, serious offense; however, the computer shows him as being discharged for drug abuse on his DD Form 214 which is wrong.  He has enclosed supporting documents for review.  The human resource agent was new and must have seen that he tested positive for ethyl glucuronide twice.  He would also like his rank changed from E-1 back to E-4.  He has not been in any type of trouble with the law since his discharge.  

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: 101110
Discharge Received: 			   Date: 101230   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: Company B, Support Battalion, 1st Special Warfare Training Group (Airborne), Fort Bragg, North Carolina  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 101130, wrongfully used cocaine, a Schedule II controlled substance (100920 – 100927); reduction to E-1; forfeiture of $723 pay per month for 2 months; and extra duty for 45 days; (FG).

100610, failed to obey a lawful order by wrongfully consuming alcohol on numerous occasions while on duty as part of the Robin Sage FTX (100101 – 100514); reduction to the rank of E-4, forfeiture of $1,146 pay per month for two month, suspended, to be automatically remitted if not vacated (101207); extra duty for 45 days; restriction for 45 days, suspended, to be automatically remitted if not vacated (101207); (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  32
Current ENL Date: 060130    Current ENL Term: 6 Years  ?????
Current ENL Service: 	4   Yrs, 11 Mos, 1   Days  
Total Service:  		14 Yrs, 5   Mos, 19 Days ?????
Previous Discharges: 	USAR   960712 - 980908/HD
                                       RA        980917 - 020305/HD
                                       RA        020306 - 040305/HD
                                       RA        040306 - 060129/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 88M10 Motor Transport Operator   GT: 109   EDU: HS Grad   Overseas: SWA   Combat: Iraq (030202 - 040402), (080117 - 090303); Afghanistan (051017 - 060115)
Decorations/Awards: ARCOM, JSAM, AAM, AGCM x 3, NDSM, ICM w/CSx2, ACM w/CSx2, GWOTEM, GWOTSM, AFSM, NPDR, ASR, OSR x 3, JMUA


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 10 November 2010 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 using cocaine, a Schedule II controlled substance (100927), with an under other than honorable conditions discharge.  He was advised of his rights.  
       
       The applicant's election of rights with the contingency waiver request is not contained in the available record; however, the sepatartion authority's memorandum notes the conditonal waiver as accepted and the analyst presumed government regularity in the discharge process.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  
       
       On 23 December 2010, the separation authority approved the conditional waiver request, waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The applicant provided evidence that indicates the unit commander declared the applicant a rehabilitation failure and notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 9 by reason of alcohol or other drug abuse rehabilitation/ASAP failure, with a general, under honorable conditions discharge.  He was advised of his rights.  However, the chapter was not completed and the unit separated the applicant under the provisions of chapter 14.  

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 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 being absent 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 the issue and documents 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 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 an honorable discharge.  
       
       The unit commander is only required to go to the paragraph level of AR 635-200 (ie. paragraph 14-12c).  Then the separation transfer point assigns the proper SPD in accordance with the commander’s intent; which in this case was to separate the applicant for wrongfully using cocaine.
       
       The applicant contends that the narrative reason for his 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. 
       
             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.  
       
       Therefore, the analyst determined the reason for discharge and the characterization of service 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: 21 September 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293, various memoranda from the discharge process 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 characterization of service was both proper and equitable and voted to deny relief.  

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, separation code, and reentry 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, block 27, reentry code be changed to 3, 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 3    No change 2
(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)
Other: Change separation authority to AR 635-200, paragraph 14-12c, change separation code to 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 AR20120007197
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