Applicant Name: ????? Application Receipt Date: 2012/03/27 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he requests his discharge be upgraded to honorable. He states that his request is based on the reason for separation Misconduct (Drug Abuse). He also states that he was selected as squad leader during basic training and received the platoon motivator award for leadership. 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: 100805 Discharge Received: Date: 100917 Chapter: 14-12c (2) AR: 635-200 Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: D Co, 58th Trans Bn, 3rd Chem Bde, USAMSCE, Fort Leonard Wood, MO Time Lost: None Article 15s (Charges/Dates/Punishment): 100701, violating a lawful order by wrongfully possessing K2 (100510), for stealing a debit card (100528), for stealing a bluetooth headset and a pack of pens (100614), forfeiture of $723 x 2 months, reduction to E-1, 30 days of restriction, 30 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: 20 Current ENL Date: 091021 Current ENL Term: 4 Years 25 weeks Current ENL Service: 00 Yrs, 10 Mos, 27 Days ????? Total Service: 00 Yrs, 10 Mos, 27 Days ????? Previous Discharges: None Highest Grade: E-2 Performance Ratings Available: Yes No MOS: 92F10/Petroleum Supply Specialist GT: 86 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 5 August 2010, 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 stealing a debit card from a fellow Soldier, stealing a bluetooth headset and a pack of pens from AAFES, possession of the illegal substance K2 x 2, with a general, under honorable conditions discharge. He was advised of his rights. On 13 August 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the Army. The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge. On 7 September 2010, the separation authority 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, and the issues and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge. 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. By the misconduct, the applicant diminished the quality of the former Soldier’s 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, 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 as separation code “JKK,” block 27, re-entry code as “4,” and block 28, narrative reason for separation as “Misconduct (Drug Abuse)” In view of the foregoing, the analyst determined the narrative reason for the discharge is inequitable and recommends to the Board that block 25, be changed to read separation authority: “AR 635-200, paragraph 14-12b,” block 26, separation code to read "JKA," block 27, reentry code to read “3,” and block 28, reason for separation to read “Pattern of Misconduct” as it was approved by the separation authority. Therefore, 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: 17 August 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 293, dated 25 March 2012. 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. Further, notwithstanding the propriety of the applicant's discharge, the Board 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”, and block 28 narrative reason for separation as, "Misconduct (Drug Abuse)." 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 14-12b, block 26, separation code to JKA and narrative reason for separation as pattern of misconduct as 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: Pattern of Misconduct Other: Change block 25, separation authority to read AR 635-200, paragraph 14-12b, block 26, separation code to JKA. 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 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 AR20120006356 ______________________________________________________________________________ Page 1 of 3 pages