Applicant Name: ????? Application Receipt Date: 2009/07/27 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, "I would like to get my discharge upgraded to honorable so I can prove that I can be a productive part of this country. I joined the military for the wrong reasons to get away from my mother and i was too young to fully realize what I was getting into. Im not trying to make any excuses for what I did I would just like you to take into consideration that I was only eighteen and I didn't realize the scar I was putting on my record. I am now twenty-eight and trying to better myself so I can be a productive part of society and with an honorable I will be in a position to do that. I am willing to do whatever it takes to prove that I can be a productive part of this country." 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: 020517 Discharge Received: Date: 021018 Chapter: 14-12c(2) AR: 635-200 Reason: Misconduct RE: SPD: JKK Unit/Location: HHC, 3D Sig BN, Ft Hood, TX Time Lost: None Article 15s (Charges/Dates/Punishment): 010808, fail to go at the time prescribed (010712) and willfully disobeyed a lawful order from the 1SG (010711); forfeiture of $200, suspended, to be automatically remitted if not vacated before 010822, extra duty 14 days (CG) 010417, wrongfully used a controlled substance (THC) (010128-010228); reduction to E1, forfeiture of $521, extra duty for 45 days and restriction for 45 days, suspended, to be automatically remitted if not vacated before 011014 (FG) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 18 Current ENL Date: 990831 Current ENL Term: 5 Years ????? Current ENL Service: 3 Yrs, 01Mos, 18Days ????? Total Service: 3 Yrs, 01Mos, 18Days ????? Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: 31P10 Microwave Systems Operator Maintainer GT: 121 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, ASR V. Post-Discharge Activity City, State: Virginia Beach, VA Post Service Accomplishments: None submitted 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 14-12c(2)(e), AR 635-200, by reason of misconduct commission of a serious offense for wrongful use of marijuana on three occasions between (010128-010228, 010924-011024 and 011111-011211), with an under other than honorable conditions discharge. He was advised of his rights. On 10 May 2002, 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. On 24 June 2002, the separation authority disapproved the conditional waiver and referred the case to an administrative separation board. On 12 August 2002, the applicant was notified to appear before an administrative separation board and advised of his rights. On 16 August 2002, the applicant consulted with legal counsel again and voluntarily waived consideration of his case by an administrative separation board, realizing that by waiving the board he could receive an other than honorable conditions discharge. On 18 September 2002, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than 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 carefully examining the applicant’s record of service during the period of enlistment under review and the issue submitted with the application, the analyst determined that the discharge was both proper and equitable. The analyst determined that the applicant’s discharge was appropriate because the 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 the quality of service below that meriting a fully honorable discharge. Furthermore, the analyst noted that the applicant met entrance qualification standards to include age. There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service. Further, the analyst noted the applicant’s issue about him joining the military for the wrong reasons to get away from his mother and he was too young to fully realize what he was getting into. Additionally, the analyst noted that the applicant met entrance qualification standards to include age. There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service. Notwithstanding the propriety of the applicant's discharge, the analyst determined that the applicant was incorrectly assigned a reentry eligibility (RE) code of “3”. Therefore, the analyst recommends that the reentry eligibility code be administratively changed to RE-4. Except for the foregoing modification to the applicant's reentry eligibility (RE) code, the analyst found 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: 26 July 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA 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. The Board noted that someone in the discharge process erroneously entered on the DD Form 214, block 27, Reentry Code, as RE 3. The Board directed ARBA St. Louis to make an administrative correction to block 27, to read, paragraph "4”. 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: NA RE Code: Grade Restoration: No Yes Grade: NA 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 AR20090012693 ______________________________________________________________________________ Page 3 of 3 pages