AR20140000379

IN THE CASE OF: Mr.

BOARD DATE: 24 November 2014

CASE NUMBER: AR20140000379
___________________________________________________________________________

Board Determination and Directed Action

1. After carefully examining the applicant’s record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the discharge to be both proper and equitable and voted to deny relief.

2. However, notwithstanding the propriety of the applicant’s discharge, the Board found that the applicant’s DD Form 214, blocks 25, 26, 27, and 28, contain erroneous entries.

3. The Board directed the following administrative corrections and reissue of the applicants DD Form 214, as approved by the separation authority:

a. block 25, separation authority changed to AR 635-200, paragraph 14-12c;
b. block 26, separation code changed to JKQ;
c. block 27, reentry code changed to 3; and
d. block 28, narrative reason for separation changed to Misconduct (Serious Offense).

Presiding Officer

I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANTS REQUEST AND STATEMENT:

1. The applicant requests to upgrade the characterization of his service from general, under honorable conditions to fully honorable, and to change the narrative reason for his discharge.

2. The applicant states, in pertinent part and in effect, he served a total of six years. The applicant provided a detailed account of the incidents that led to his separation, and that he is now divorced. He is as a full time student in college and in his second year, majoring in criminal justice. He does not do drugs nor is he addicted to any opiates. He regrets making a mistake that occurred when he was narrow-minded and a lot younger. He is currently working as a forklift operator. He is slowly trying to pick up the pieces in his life that got out of control when he was married. When he graduates, he hopes he can reenlist as an officer.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 23 December 2013
b. Discharge Received: General, Under Honorable Conditions
c. Date of Discharge: 28 July 2011
d. Reason/Authority/SPD/RE Code: Misconduct (Drug Abuse), AR 635-200, Paragraph
14-12c(2), JKK, RE-4
e. Unit of assignment: 8th Ordnance Co, 82nd STP, 82nd Sustainment
Bde, Fort Bragg, NC
f. Current Enlistment Date/Term: 16 October 2008, NIF
g. Current Enlistment Service: 2 years, 9 months, 13 days
h. Total Service: 6 years, 1 month, 7 days
i. Time Lost: None
j. Previous Discharges: RA (050622-081015) / HD
k. Highest Grade Achieved: E-4
l. Military Occupational Specialty: 89B10, Ammunition Specialist
m. GT Score: 116
n. Education: GED
o. Overseas Service: None
p. Combat Service: None
q. Decorations/Awards: AGCM; NDSM; GWOTSM; ASR
r. Administrative Separation Board: No, had less than 6 years on date his separation
was initiated
s. Performance Ratings: None
t. Counseling Statements: Yes
u. Prior Board Review: No

SUMMARY OF SERVICE:

The record shows the applicant enlisted in the Regular Army on 22 June 2005, and reenlisted on 16 October 2008 (contract NIF). He was 18 years old at the time of entry and had a high school equivalency (GED). He was trained in and awarded military occupational specialty (MOS) 89B10, Ammunition Specialist. His record documents no acts of valor or significant achievement. He completed 6 years, 1 month, and 7 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1. The evidence contained in the applicants service record indicates that on 15 June 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason misconduct (serious offense), specifically for the following offenses:

a. failed to report to 82nd Special Troops Battalion headquarters at 0545 on 29 November 2010, to sign in for road guard duty;
b. failed to report to 0900 accountability formation at the 8th Ordnance Company area on 20 December 2010;
c. failed to report to 0630 accountability formation at the 8th Ordnance Company area on 28 January 2011;
d. failed to report to 0615 accountability formation at Dahl Gym on 9 February 2011;
e. failed to report to 0630 accountability formation at the 8th Ordnance Company area on 17 February 2011; and
f. wrongfully used cocaine between 12 March 2011 and 15 March 2011.

2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights.

3. On 16 June 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action and indicated that he would submit a statement on his own behalf (NIF). The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge.

4. On 1 July 2011, the separation authority waived further rehabilitation and directed the applicants discharge under AR 635-200, Chapter 14-12c, commission of a serious offense, with a characterization of service of general, under honorable conditions.

5. The applicant was discharged from the Army on 28 July 2011, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for misconduct (drug abuse), a Separation Program Designator code (SPD) of JKK, and a RE code of 4.

6. The applicants service record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. There is a positive urinalysis report contained in the record: IR, Random Inspection, 15March 2011, cocaine.

2. Article 15, dated 5 May 2011, for wrongfully using cocaine (110312-110315). The punishment consisted of a reduction to the grade of E-1, forfeiture of $733, and 45 days of extra duty (FG).

3. Six negative counseling statements, dated between 29 November 2010 and 14 April 2011, for failing to report to his appointed place of duty at the prescribed time, being recommended for separation, and a FG Article 15, UCMJ, for testing positive for cocaine.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided none.

POST-SERVICE ACTIVITY:

The applicant states, in effect, he is in his second year of college majoring in criminal justice major, and he is also employed as a forklift operator.

REGULATORY AUTHORITY:

1.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 being absent 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.

2. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the members service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. Whenever there is doubt, it is to be resolved in favor of the individual.

3. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldiers separation specifically allows such characterization.

4. 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 “JKQ” as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, misconduct (serious offense).

5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of “JKQ” will be assigned a RE Code of 4.

DISCUSSION AND RECOMMENDATION:

1. After a careful review of the applicants request for an upgrade of the characterization of his discharge and to change the narrative reason for his discharge, his military records, and the issues submitted with his application, an administrative error was noted in his DD Form 214. The service record reflects 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).

2. Therefore, and as approved by the separation authority, the following administrative corrections are recommended:

a. block 25, separation authority to AR 635-200, Chapter 14-12c;
b. block 26, separation code to JKQ;
c. block 27, reentry code to 3; and
c. block 28, reason for separation to Misconduct (Serious Offense).

3. Upon carefully considering the applicants request and after examining the applicants record of service, his military records, and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant’s discharge or a change to the narrative reason for his discharge as approved by the separation authority.

4. The record confirms that the applicants 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. By the serious incidents of misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge. The applicants record of service was marred by an Article 15 action for violation of the Uniform Code of Military Justice and negative counseling statements.

5. The applicant provided no independent corroborating evidence demonstrating that either the command’s action was erroneous or that the applicants service mitigated the misconduct or poor duty performance.

6. The applicant desires to rejoin the Military Service. However, 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 was appropriately assigned an RE code of 3. There is no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.

7. The applicant contends the narrative reason for the discharge should be changed. However, the applicant was approved for separation under the provisions of Chapter 14, paragraph 14-12c, AR 635-200 with a general, under honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is “Misconduct (Serious Offense),” and the separation code is “JKQ.” Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation.

8. The applicant contends that he was young and immature at the time of the discharge. 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.

9. The applicant contends that since leaving the Army, he has been employed as a forklift operator and that he is a full-time student in a college. The applicants post-service accomplishments have been noted as outlined on the application. However, in review of the applicants entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted. Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.

10. The records show the proper discharge and separation authority procedures were followed in this case.

11. Except for the modifications as stated in the preceding paragraph 2, and the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 24 December 2014 Location: Washington, DC

Did the Applicant Testify, NA

Counsel: None

Witness/Observers: NA

Board Vote:
Character Change: 0 No Change: 5
Reason Change: 0 No Change: 5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214: Yes
Change Characterization to: NA
Change Reason to: Misconduct (Serious Offense)
Change Authority for Separation: AR 635-200, Chapter 14, Paragraph 14-12c
Change RE Code to: 3
Grade Restoration to: NA
Other: JKQ

Legend:
AMHRR – Army Military Human Resource Record FG – Field Grade IADT Initial Active Duty Training RE – Reentry
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 Honorable Conditions
ADRB Case Report and Directive (cont) AR20140000379

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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