1.	APPLICANT’S NAME:      

	a.	Application Date:  25 July 2014

	b.	Date Received:      29 July 2014

	c.	Counsel:                None

2.   REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION:  The applicant requests an upgrade of his general, under honorable conditions discharge to honorable and a change to the narrative reason for separation to include the reentry eligibility (RE) code.  The applicant states, in effect, his discharge was inequitable because it was based on an isolated incident during nine months of service with no other adverse action.  He is attempting to redeem himself from a youthful and stupid mistake.  He requests his MOS be annotated on his DD Form 214.  He desires to reenlist.  

In a record review conducted at Arlington, Virginia, on 11 September 2015, and by a 5-0 vote, the Board denied the request finding the separation was both proper and equitable.  Notwithstanding the propriety of the applicant’s discharge, the Board found the applicant’s DD Form 214, block 27 contains the erroneous reentry code of 3.  In view of the error, the Board directed an administrative correction to block 27 to read RE-4, as required by Army Regulations.

	(Board member names available upon request.)

3.	DISCHARGE DETAILS:

	a.	Reason/Authority/Codes/Characterization:  Misconduct/AR 635-200, Paragraph 14-12c(2)/JKK/RE-3/General, Under Honorable Conditions Discharge.

	b.	Date of Discharge:  23 May 2005

	c.	Separation Facts:  

		(1)	Date of Notification of Intent to Separate:  3 May 2005

		(2)	Basis for Separation:  The applicant was informed of the following reasons for his discharge; abuse of illegal drugs (marijuana) and receiving a FG Article 15 for wrongfully using marijuana.  Sentence: reduction to E-1 and forfeiture of $571.00 per month for one month.

		(3)	Recommended Characterization:  General, Under Honorable Conditions Discharge.

		(4)	Legal Consultation Date:  5 May 2005, the applicant waived his right to consult with legal counsel and consideration of his case by an administrative separation board (although he was not entitled to a board.

		(5)	Administrative Separation Board:  None

		(6)	Separation Decision Date/Characterization:  18 May 2005/ General, Under Honorable Conditions Discharge.

4.	SERVICE DETAILS:

	a.	Date/Period of Enlistment:  19 August 2004/3 years and 17 weeks


	b.	Age at Enlistment/Education/GT Score:  18 years/GED Certificate/99

	c.	Highest Grade Achieved/MOS/Total Service:  SPC/E-4/11B10, Infantryman/9 months and 5 days
  
	d.	Prior Service/Characterizations:  None
  
	e.	Overseas Service/Combat Service:  None
  
	f.	Awards and Decorations:  None
  
	g.	Performance Ratings:  None
  
	h.	Disciplinary Action(s)/Evidentiary Record:  FG Article 15 dated 21 March 2005, for wrongfully using marijuana between (17 December 2004 and 3 January 2005); he was reduced to PVT/E-1 and a forfeiture of $571 pay.

A CG Article 15 dated 25 January 2005, for without authority, failing to go at the time prescribed to his appointed place of duty on (20 January 2005); forfeiture of $311 pay, extra duty and restriction for 14 days.

A positive urinalysis report coded IR (Inspection Random) dated 4 January 2005, for marijuana.

The applicant received several negative counseling statement for various acts of misconduct.

	i.	Lost Time:  The applicant had 46 days of excess leave from (8 April 2005-23 May 2005).
  
	j.	Diagnosed PTSD/TBI/Behavioral Health:  None

5.	APPLICANT-PROVIDED EVIDENCE:  A DD Form 293; MOS orders 292-3004; infantry training diploma; USAREC level administrative waiver memorandum; DD Form 214, and a letter, Chief, Congressional Liaison and Inquiries with related documents (six pages).

6.	POST SERVICE ACCOMPLISHMENTS:  The applicant stated in his application he is a student at Athens Technical College and graduates in the spring with an Associate’s Degree as a Network Specialist.

7.	REGULATORY CITATION(S):  Chapter 14 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions; a pattern of misconduct; commission of serious offense; conviction by civil authorities; desertion; or absence without leave.  Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation.

Paragraph 14-12c(2) terms abuse of illegal drugs as serious misconduct.  It continues; however, by recognizing relevant facts may mitigate the nature of the offense.  Therefore, a single drug abuse offense may be combined with one or more minor disciplinary infractions or incidents of other misconduct and processed for separation under paragraph 14-12a or 14-12b as appropriate.

Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c(2), misconduct.

The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4.

8.	DISCUSSION OF ISSUE(S):  The applicant requests an upgrade of his general, under honorable conditions discharge to honorable and a change to the narrative reason for separation to include the RE code.  The applicant’s record of service, the issues and documents submitted with his application were carefully reviewed.

The record confirms 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.  It brought discredit on the Army, and was prejudicial to good order and discipline.  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 his service below that meriting an honorable discharge.

Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c(2), misconduct.

The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4.

The applicant seeks relief contending, his discharge was inequitable because it was based on an isolated incident during nine months of service with no other adverse action.  Although an isolated incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by an isolated incident provides the basis for a characterization of service.  The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline.

The applicant further contends he is attempting to redeem himself from a youthful and stupid mistake.  The record shows the applicant met entrance qualification standards to include age.  


There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service.

The applicant also request his MOS be annotated on his DD Form 214.  The applicant’s requested change to the DD Form 214 does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter.  A DD Form 149 may also be obtained from a Veterans' Service Organization. 

The applicant desires to reenlist.  Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant should have been assigned an RE code of 4.  An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment.

The service record indicates someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 3.  The discharge packet confirms the separation authority approved the discharge by reason of misconduct.  Soldiers processed for misconduct will be assigned an SPD Code of JKK and an RE Code of 4.

The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and the applicant was provided full administrative due process.

9.	BOARD ACTION DIRECTED:

	a.	Issue a new DD-214:  		Yes
	
	b.	Change Characterization to:  	No Change

	c.	Change Reason to:  			No Change

	d.	RE Code Change to:  		4

	e.	Restoration to Grade:  		NA


Authenticating Official:




COL, US ARMY
Presiding Officer
Army Discharge Review Board


Legend:
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	UOTHC - Under Other Than  
FG - Field Grade	IADT – Initial Active Duty Training	RE - Reentry	                Honorable Conditions 	
ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE

AR20140013417

4