Applicant Name:  ?????

Application Receipt Date: 2012/05/11	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "I believe it has been a burden that I can not bare any longer. My life has been a total disaster ever since CID had the investigation. My sworn statement against myself should show proof I am an honest person. I acknowledged the consiquences of my actions, and believe I should be accepted back in the military as a result of my being honest. LOYALTY, DUTY, RESPECT, SELFLESS SERVICE, HONOR, INTEGRITY, PERSONAL COURAGE. I showed all of these values, which were taught to me through basic training, yet I am shown disrespect by being discharged. I kindly request a change to honorable."

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit Commander’s recommendation:  Retain    Date: 101120
Discharge Received: 			          Date: 110215   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: 104th Trans Co, Shindand Airfield, Afghanistan 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None in the record; however, there is evidence that indicates the applicant received a Field Grade Article 15 on 25 February 2008.  He was discharged as a PVT/E-2.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 090317    Current ENL Term: 5 Years  ?????
Current ENL Service: 	01 Yrs, 10 Mos, 28 Days ?????
Total Service:  		05 Yrs, 02 Mos, 23 Days ?????
Previous Discharges: 	USAR 051122-071101/NIF
                                       RA 071102-090316/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 88M10/Motor Trans Opr   GT: 91   EDU: HS Grad   Overseas: SWA   Combat: Iraq (080407-090522)
Afghanistan (100529-110124)
Decorations/Awards: AAM, NDSM, ICM-CS, 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 20 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 wrongfully possessing and using marijuana and recommended retention in the Army.  The applicant was advised of his rights.
       
       On 9 December 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf.  The unit commander subsequently recommended retention in the Army and indicated the applicant had admitted to using and possessing marijuana; however, he was a good Soldier and had the potential to be rehabilitated.  The intermediate commander reviewed the proposed action and recommended the applicant’s retention in the Army.
       
       On 23 January 2011, the separation authority waived further rehabilitation and notwithstanding the subordinate commanders’ recommendations 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 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 issues 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 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 an honorable discharge.  
       
       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.  
       
       Army Regulation 635-5-1, Separation Program Designator Codes, stipulates the regulatory or other authority for separation will be entered in block 25 of DD Form 214 in accordance with AR 635-5 and this regulation.  When tables 2-2 and 2-3 provide an option for the regulatory citation; the most appropriate specific regulatory authority will be entered in block 25, based on the circumstances in the Soldier’s personnel record.   The narrative reason for separation will be entered in block 28 of the DD Form 214 exactly as listed in tables 2-2 and 2-3 of AR 635-5.  The Transition Center (TC) selects the appropriate SPD Code that identifies the type of separation and correct regulatory or other authority that corresponds with the reason for the Soldier’s separation and ensures the proper entries are made in blocks 25, 26, and 28 of the DD Form 214.  The Transition Center selected the SPD code and reason for the discharge to execute the commander's intent which was to separate the former Soldier for wrongfully possessing and using an illegal drug.
       
       Furthermore, 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. 
       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: 3 October 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: None

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.  
        
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: NA
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 AR20120009203
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