Applicant Name:  ?????

Application Receipt Date: 2012/04/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues:  The applicant states, "I am requesting an upgrade in recode so I may rejoin the service.  I was given a recode 4 approximately 36 months into my service.  While serving as a 14T I received 3 AAM s continuously for my excellent performance and outstanding service record.  Prior to my disgraceful mistake I had never received any negative counseling's from my superiors or direct supervisors. I always maintained qualified on any weapon that I was assigned to as well as a crew served.  I ensured that I was always physically fit and kept an average of 250 on my PT.  I committed the mistake of trying an illegal drug.  Since then, I have felt nothing but ashamed for my selfish act and I would like to correct my errors.  I am dedicated to accomplishing any tasks in front of me and surpassing my goals.  In 2006 when I first joined the US Army I took an oath to serve my people and my country and I will continue to strive to rejoin to show my dedication to our country, the United States of America.  I have stopped the use of all tobacco products and consistently eat healthy so when I do receive the call to strap up my boots once again I will be ready, combat ready.  Since my separation from the service I obtained a job as a security supervisor managing 14 security officers in total.  As of June 2011 I slightly changed fields and acquired a job as a Loss Prevention Agent in one of Forbes 2010 best companies to work for".

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: 090223
Discharge Received: 			   Date: 090421   Chapter: 14-12c(2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: A Btry, 5-7th ADA, Rhine Ordnance Barracks, APO AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): (080608), wrongfully used THC, a Schedule I controlled substance (080705-080805), reduction to PVT/E-1, forfeiture of $674.00 per month for two months, restriction 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: 060809    Current ENL Term: 4 Years  ?????
Current ENL Service: 	02 Yrs, 08 Mos, 24 Days ?????
Total Service:  		02 Yrs, 08 Mos, 24 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 14T10 PATRIOT Oper/Maint   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AAM, NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments:  The applicant states he worked as a security supervisor and Loss Porevention Agent.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 23 February 2009, 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—commision of a serious offense, for receiving nonjudicial punishment for wrongfully using a controlled substance, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 25 February 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and indicated he would 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 of the separation with a general, under honorable conditions discharge.  
       
       On 11 March 2009, the separation authority approved the applicant's discharge with a general, under honorable conditions characterization of service, but suspended it for a period of six (6) months. 
       
       On 13 April 2009, the applicant was given notice that his suspended chapter was being considered for vacation.  On 20 April 2009, the applicant submitted a written statement requesting consideration for retention in the Army.  On 21 April 2009, the separation authority directed the applicant's approved discharge be vacated.  

       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 and the issue 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 analyst noted the applicant's desire to rejoin the Army; however, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 4.  An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment.  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 eligibility (RE) 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.  
       
       The analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge. 
       
       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: 17 October 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted:  DD Form 293

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

Further, notwithstanding the propriety of the applicant's discharge, the Board determined that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service, as honorable.  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 "general, under honorable conditions,” as approved by the separation authority.  

Except for the foregoing modification to the applicant's characterization of service, the Board determined that the reason for separation was both proper and equitable and voted not to change it.























        
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: 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 AR20120007695
______________________________________________________________________________


Page 1 of 4 pages