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, that he requests an upgrade of his discharge to fully honorable and a change to the narrative reason for separation.

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: 070526
Discharge Received: 			   Date: 070705   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: Golf Forward Support Company,    3-82nd FA, APO AE 09348 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070524, unlawfully pushed PVT DF onto his bed and to the ground (070516); and unlawfully picked up and threw PVT DF onto the ground (070516); forfeiture of $326 pay and extra duty for 14 days, (CG).

070302, 26 February 2007, violated a lawful general order by visiting PFC DTF’s living quarters (070226); forfeiture of $700 pay x 2 months and extra duty for 45 days, (FG).  

070106, without authority, failed to go at the time to his appointed place of duty x 2 (061201, 061208); and assault upon a noncommissioned officer (SGT) (061208); forfeiture of $326 pay (suspended) and an oral reprimand, (CG).

061214, willfully disobeyed a lawful order from noncommissioned officer x 3 (SFC) (061007), (SSG) (061007), (SGT) (061008); being disrespectful in language and deportment toward a noncommissioned officer (SGT) (061008); with intent to deceive, made a false offical statement to a (SGT) (060927); and wrongfully used marijuana (060910-061010); reduction to E-1, forfeiture of $636 pay x 2 months and extra duty for 45 days, (FG).

060322, willfully disobeyed a lawful order from noncommissioned officer (SGT) (060226); and without authority, failed to go at the time to his appointed place of duty (060227); reduction to E-1 (suspended), extra duty for 14 days and restriction for 14 days, (CG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 050513    Current ENL Term: 03 Years  20 Weeks
Current ENL Service: 	02  Yrs, 01  Mos, 23  Days ?????
Total Service:  		02  Yrs, 04  Mos, 13  Days ?????
Previous Discharges: 	USAR-020611-020623/NA
                                       RA-020624-020823/UNC
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92G10 Food Service Operations   GT: 91   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (061001-070603)
Decorations/Awards: NDSM, ICM, GWOTSM, 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 26 May 2007, 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 testing positive for marijuana (061010); driving while intoxicated and underage drinking, failing to be at his appointed place of duty, disrespecting his chain of command, assaulting another Soldier, assaulting a noncommissioned officer, and disobeying the lawful orders of his chain of command, with a general, under honorable conditions discharge.  He was advised of his rights.
       
       On 30 May 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, contingent upon him receiving a characterization of service of no less favorable than general, under honorable conditions (although he was not entitled to a 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 commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge. 
         
       On 5 June 2007, 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:  
       After a careful review of all the applicant’s military records during the period of enlistment under review and the  the application he submitted, 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 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 possessing illegal drugs, the applicant knowingly risked a military career and diminished the quality of his service below that meriting a fully honorable discharge.
       
       The analyst noted the applicant's contention; however, 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 (Drug Abuse)," the separation code is "JKK," and the reentry code is "RE 4."  
       
       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. 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.
       
       The applicant submitted no issues of equity or propriety to be considered by the Board. 
       
       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.
        
VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 7 Septemeber 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (120401).

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 the discharge was both proper and equitable and voted to deny relief.  

However, notwithstanding the propriety of the applicant's discharge, the Board determined that the applicant’s narrative reason for the discharge is inequitable based on the circumstances (the separation authority approved a Chapter 14-12c discharge).  The Board voted to grant partial relief by correcting block 25, separation authority to read “AR 635-200, paragraph 14-12c,” block 26, separation code to read "JKQ," block 27, reentry code to read “3,” and block 28, narrative reason for separation to read “Misconduct (Serious Offense),”  as it was approved by the separation authority. 


























 
        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 4    No change 1
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: Correct block 25, separation authority to read “AR 635-200, paragraph 14-12c,” block 26, separation code to read "JKQ," block 27, reentry code to read “3,” and block 28, narrative reason for separation to read “Misconduct (Serious Offense)."
Other: NA
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 AR20120007236
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