Applicant Name:  ?????

Application Receipt Date: 2012/05/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he is requesting an upgrade because he feels the discharge he received is too harsh for a first time offense.  Prior to the one mistake he made his military record was unblemished; he received awards and accolades for being an outstanding Soldier.  The narrative reason for his separation is hindering his ability to find employment and labels him as a drug user which is not one of his characteristics.  He understands completely that what he did was wrong and is truly regretful of his mistake.  He believes his actions were the result of the stresses of going through a divorce as a twenty year old newlywed and coming home after the loss of two Soldiers from his Iraq troop.  One of the Soldiers was a good friend of his.  While these events do not justify his actions they do serve to explain that his mistake does not define him as a man or a soldier.  He would like his DD Form 214 changed to better represent him as the man he is; additionally, he would like his RE code changed so that he can reenlist and make his family proud. 

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: 090129
Discharge Received: 			   Date: 090305   Chapter: 14-12c(2)      AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: A Troop, 3rd Squadron, 73rd Cavalry Regiment, 1st Brigade Combat Team, Fort Bragg, North Carolina  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 081106, wrongfully used marijuana (080908 - 080922); reduction to the grade of E-1; forfeiture of $673 pay per month for two months, suspended, to be automatically remitted if not vacated (090506); extra duty and restriction 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: 080228    Current ENL Term: 3 Years  ?????
Current ENL Service: 	1  Yrs, 0 Mos, 7   Days ?????
Total Service:  		2  Yrs, 6 Mos, 13 Days ?????
Previous Discharges: 	RA 060623 - 080227/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92Y10 Unit Supply Specialist   GT: 94   EDU: HS Grad   Overseas: SWA   Combat: Iraq (070608 - 080719)
Decorations/Awards: ARCOM x 2, NDSM, ICM w/CS, GWOTSM, ASR, OSR, CAB

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 29 January 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, commission of a serious offense, for a positive urinalysis for marijuana (080922), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 29 January 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 9 February 2009, the separation authority waived further rehabilitative efforts 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 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 a careful review of all the applicant’s military records during the period of enlistment under review the issue and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade to the applicant's characterization of discharge.  
       
       The analyst determined that the applicant’s discharge was appropriate because his 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 his quality of service below that meriting an honorable discharge.   
       
       The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.   
       
       The applicant contends he was discharged because of mitigating circumstances which contributed to his misconduct.  Specifically, he claims stress at work and family issues at home resulted in his discharge.  While the applicant may believe his stress at home and work was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.
       
       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 marijuana.
       
       The applicant contends that the narrative reason for his discharge should be changed because is lables him as a drug user.  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.  
       
       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: 10 October 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 and 2 letters of recommendation 

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 2    No change 3
(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 AR20120010175
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