Applicant Name: ????? Application Receipt Date: 2009/03/06 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See enclosed DD Form 293 submitted by the applicant. 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: NIF Date: NIF Discharge Received: Date: 050316 Chapter: 14-12c(2) AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: South Jersey Recruiting Co, USARB Mid Atlantic Time Lost: None Article 15s (Charges/Dates/Punishment): 040521, wrongful use of cocaine (040302-040402); reduction to E-4 (suspended), forfeiture of $500 pay x 2 months. Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 35 Current ENL Date: 030915/OAD Current ENL Term: NIF Years ????? Current ENL Service: 01 Yrs, 06Mos, 02Days ????? Total Service: 12 Yrs, 01Mos, 22Days ????? Previous Discharges: USAR-930125-020124/NA USAR-020209-030914/NA Highest Grade: E-5 Performance Ratings Available: Yes No MOS: 79R20 Recruiter GT: NIF EDU: 12 Years Overseas: None Combat: None Decorations/Awards: GWOTSM, ASR V. Post-Discharge Activity City, State: Philadelphia, PA Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The applicant’s record is void of the specific facts and circumstances concerning the events that led to a discharge from the United States Army Reserve/Active Guard Reserve. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, Paragraph 14-12c(2), AR 635-200, by reason of misconduct, with a general, under honorable conditions discharge. Furthermore, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct-drug abuse), with a reentry eligibility (RE) code of " 3." On 28 February 2005, DA, U.S. Army Human Resources Command, St. Louis, MO, Orders D-02-590042, discharged the applicant from the United States Army Reserve/Active Guard Reserve, effective date: 16 March 2005. The analyst noted that on the applicant's DD Form 214 block 27, reentry eligibility (RE) code reads "3;" however, the applicant was discharged under the provisions of under the provisions of Chapter 14, Paragraph 14-12c(2), AR 635-200, according to AR 635-5-1, Separation Program Designator (SPD)/Reentry (RE) Codes Cross-Reference Table, requires an reentry eligibility (RE) code of "4." 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 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 available military records during the period of enlistment under review and the issues he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicant’s record is void of the specific facts and circumstances concerning the events that led to a discharge from the United States Army Reserve/Active Guard Reserve. However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process. The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 14, Paragraph 14-12c(2), AR 635-200, by reason of misconduct-drug abuse, with a characterization of service of general, under honorable conditions. Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Furthermore, the analyst noted the applicant's issue; however, by violating the Army's policy not to possess or use illegal drugs, compromised the special trust and confidence placed in a non-commissioned officer (NCO). The applicant, as a NCO, 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 the misconduct diminished the quality of service below that meriting a fully honorable discharge. Additionally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 27, reentry eligibility (RE) code of "3." The analyst recommends that block 27 be administratively changed to "4" as approved by the separation approving authority. Except for the foregoing modification to the applicant's reentry eligibility (RE) code, the analyst determined that 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: 4 December 2009 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 directs that the ARBA Support Division-St Louis to administratively change block 27, reentry eligibility (RE) code to "4." Except for the foregoing modification to the applicant's reentry eligibility (RE) code, the Board determined that the discharge was both proper and equitable and voted to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: The Board directs ARBA Support Division-St Louis to administratively change block 27, reentry eligibility (RE) code to "4." RE Code: Grade Restoration: No Yes Grade: None ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090007157 ______________________________________________________________________________ Page 1 of 3 pages