Applicant Name:  ?????

Application Receipt Date: 2012/07/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that his discharge is improper because he received awards including one for good conduct.  He knows that he made some mistakes and bad decisions but has changed since his discharge.  The inconsistencies with the Prime Vendor reports were not his.

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: 040220
Discharge Received: 			   Date: 040504   Chapter: 14-12c(1)    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKD   Unit/Location: National Capital District Veterinarian Command, Fort Belvoir, VA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 030331, failure to report (030210), disobeyed a lawful order from a commissioned officer (030212), dereliction of duty (030210), reduction to E-4, forfeiture of $912.00 for two months (suspended), and 21 days of extra duty (FG)

030618, the suspended sentence of forfeiture of $912 for two months was vacated for a new offense of failure to report (030618)

040123, wrongfully used marijuana (031114), reduction to E-2, forfeiture of $669.00 for two months (suspended), and 21 days of extra duty (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 000217    Current ENL Term: 5 Years  3 months (with an extension)
Current ENL Service: 	04 Yrs, 02 Mos, 17 Days ?????
Total Service:  		07 Yrs, 05 Mos, 23 Days ?????
Previous Discharges: 	RA 961112-000216/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 91R10/Veterinarian Food Inspector   GT: 115   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AAM-3, AGCM, GWOTSM, NPDR, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: Applicant served in the ARNG (060315-060419), achieved the rank of PV2/E-2 and was separated with an uncharacterized discharge.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 20 February 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for the commission of a serious offense, in that he tested positive for marijuana on a command directed urinalysis, coded IR for Inspection Random, conducted on 14 November 2003, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 24 February 2004, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions 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 10 March 2004, 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.

       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, the document and the issues submitted with the application the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.   
       
       The applicant contends that his discharge was improper because he was awarded the Good Conduct Medal and the errors with the Prime Vendor reports were not his fault.  However, 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 non-commissioned officer.  The applicant, as an NCO, had the duty to support and abide by the Army's drug policies.  By abusing illegal drugs, he knowingly risked a military career and diminished the quality of his service below that meriting a fully honorable discharge.  The applicant’s service was marred by two field grade Article 15s for multiple violations of the UCMJ and several negative counseling statements.
       
       The applicant requested that the reason for his discharge be changed.  However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c, AR 635-200 with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations in effect at the time, for a discharge under this paragraph is "Misconduct," and the separation code is "JKQ."  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 acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review.  The applicant completed 7 years, 5 months and 23 days of total service, achieved the rank of Sergeant and earned 3 Army Achievement Medals and a Good Conduct Medal.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct and by the multiple negative counseling statements, and the documented actions under Article 15 of the Uniformed Code of Military Justice.
       
       The record also shows that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 14-12c(1), and block 26, separation code as JKD.   The analyst recommends that an administrative change be made to block 25, separation authority to read AR 635-200, paragraph 14-12c, and block 26, separation code to JKQ, as it was approved by the separation authority. 
        
       In view of the foregoing, 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: 14 December 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: 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 discharge was both proper and equitable and voted to deny relief.  Furthermore,  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 25, separation authority as AR 635-200, paragraph 14-12c(1), and block 26, separation code as JKD.   In view of these errors, the Board directed that an administrative change be made to block 25, separation authority to read AR 635-200, paragraph 14-12c, and block 26, separation code to JKQ as it was approved by the separation authority.  
        
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: Change the authority for separation to AR 635-200, paragraph 14-12c with a corresponding SPD code of 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




JOSEPH M. BYERS
Lieutenant Colonel, U. S. Army
Secretary Recorder





Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTH - Under Other Than Honorable 
												Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20120013273
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