Applicant Name: ????? Application Receipt Date: 2011/09/23 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states: "To attempt to obtain whatever educational benefits I can. I completed A.S.A.P. in the Army (got out). Still clean & sober was denied a V.A. Med Claim. I'm just trying to get an education to better my kids lives. I owe a lot of back child support need to go to school." 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: NIF Discharge Received: Date: 100111 Chapter: 14-12c(2) AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: 53d QM Co, Fort Hood, TX Time Lost: AWOL x 2 for a total of 7 days: 5 days (090702-090706), mode of return unknown; 2 days (090831-090901), mode of return unknown. Article 15s (Charges/Dates/Punishment): NIF Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 41 Current ENL Date: 080506 Current ENL Term: 05 Years 22 Weeks Current ENL Service: 01 Yrs, 08 Mos, 00 Days ????? Total Service: 01 Yrs, 08 Mos, 00 Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 92F10/Petroleum Supply Specialist GT: NIF EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, ASR 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 the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct for having tested positive for cocaine (090608), and for having gone AWOL x 2 (090702-090707 and 090831-090902), with a general, under honorable conditions discharge. He was advised of his rights. On 25 November 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 which was not found in the available records. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 10 December 2009, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. The analyst noted that on the applicant's DD Form 214 block 25, "Separation Authority" reads "AR 635-200, paragraph 14-12c(2)," block 26 "Separation (SPD) Code " reads "JKK," block 27 "Reentry Eligibility (RE) Code" reads "4," and block 28 "Narrative Reason For Separation," reads "Misconduct (Drug Abuse)." However, the separation authority approved the applicant's discharge under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct, which the separation (SPD) code is "JKA." According to AR 635-5-1, Separation Program Designator (SPD)/Reentry (RE) Codes Cross-Reference Table, requires a reentry eligibility (RE) code of "3." 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 military records during the period of enlistment under review and the issues and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. 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. By his misconduct, the applicant diminished the quality of his service below that meriting a fully 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. Furthermore, 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 a fully honorable discharge. The analyst noted the applicant's issue about being able to receive educational benefits. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Notwithstanding the propriety of the applicant's discharge, the analyst found 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(2),” block 26, separation code as “JKK," block 27, reentry code as “4,” and block 28 "narrative reason for separation, as "misconduct (drug abuse)." In view of the foregoing, the analyst recommends to the Board that an administrative correction be made to block 25, separation authority to “AR 635-200, paragraph 14-12b,” block 26, separation code to “JKA,” block 27, reentry code to “3," and block 28 "narrative reason for separation, to " pattern of misconduct," as approved by the separation authority. Except for the foregoing modifications the analyst determined that the characterization of service was both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 23 March 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 and DD Form 214 for the period of service under review. 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 ARBA Support Division-St Louis to administratively correct block 25, "Separation Authority" to read "AR 635-200, paragraph 14-12b," block 26 "Separation (SPD) Code " to read "JKA," block 27 "Reentry Eligibility (RE) Code" to read "3," and block 28 "Narrative Reason For Separation," to read "Pattern of Misconduct." Except for the foregoing modifications to the applicant's Separation Authority, Separation (SPD) Code, Reentry Eligibility (RE) Code, and the Narrative Reason For Separation, 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 5 No change 0 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: The Board voted to direct ARBA Support Division-St Louis to administratively correct block 25, "Separation Authority" to read "AR 635-200, paragraph 14-12b," block 26 "Separation (SPD) Code " to read "JKA," block 27 "Reentry Eligibility (RE) Code" to read "3," and block 28 "Narrative Reason For Separation," to read "Pattern of Misconduct." RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature Approval Authority: EDGAR J. YANGER 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 AR20110020399 ______________________________________________________________________________ Page 4 of 4 pages