IN THE CASE OF:	  

		BOARD DATE:	    21 July 2011

		DOCKET NUMBER:  AR20110000312 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests an upgrade of his general discharge.

2.  The applicant states he knows what he did was wrong and has no issues with the way his actions were handled.  Other than his physical fitness test scores, he was a good Soldier with few counselings.  He would like his discharge upgraded because he believes it is hindering him from getting a respectable job and furthering his education so he may become a productive member of society once again.

3.  The applicant provides a hand-written note in lieu of the on-line signature page in which he indicates he is providing evidence in support of his application; however, nothing was attached.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 6 March 2007 and completed training in military occupational specialty 13F as an artillery fire support specialist.

2.  He served in Iraq from 29 November 2007 to 5 January 2009.

3.  On 7 May 2009, the applicant submitted a urine sample that tested positive for cocaine.  An Army Substance Abuse Program evaluation cleared the applicant for administrative action.

4.  On 11 June 2007, the applicant underwent a mental status evaluation.  His behavior was normal.  He was fully alert and oriented and displayed an unremarkable mood.  His thinking was clear, his thought content normal, and he displayed no disturbance of mood.  His thought processes and content were linear, logical, and goal directed.  There were no perceptual disturbances, no hallucinations, delusions, suicidal ideations, homicidal ideations, or contracts for safety.  His memory was good for immediate, short term, and long term recall.  The evaluator's impression was that the applicant was able to understand and participate in the evaluation and was mentally responsible.  The examination revealed no psychiatric conditions or symptoms that impaired his ability to participate.  The diagnosis was that there was no primary psychiatric, personality, or social stressor problem.  The other diagnosis was "cocaine use."  The applicant was psychiatrically cleared for administrative action deemed appropriate by the command.  He was returned to duty without limitations by the licensed clinical psychologist.

5.  On 18 June 2009, nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for using cocaine reduced the applicant to pay grade E-1, ordered him to forfeit $699.00 per month for 2 months, and ordered his restriction and extra duty for 45 days.

6.  On 14 July 2009, the applicant's unit commander initiated separation action against the applicant for misconduct for using cocaine.  The unit commander recommended a general discharge under honorable conditions.  The applicant consulted with counsel and declined to submit any statements in his own behalf.  He acknowledged he could expect to encounter substantial prejudice in civilian life because of a general discharge and he might be ineligible for many or all veterans' benefits under State and Federal laws.

7.  The intermediate commander recommended approval and the separation authority approved the separation under the provisions of Army Regulation 
635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c(2), for misconduct – commission of a serious offense.  He directed that the applicant be issued a general discharge.

8.  On 10 August 2009, the applicant was separated with a general discharge under honorable conditions.  He completed 2 years, 5 months, and 5 days of creditable active service.

9.  On 9 March 2011, the Army Discharge Review Board denied the applicant's request to upgrade his discharge.

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.

	a.  Chapter 14 deals with separation for various types of misconduct, which includes drug abuse, and provides that individuals identified as drug abusers may be separated prior to their normal expiration of term of service.  

	b.  Paragraph 14-12c(2) states, "Abuse of illegal drugs is serious misconduct."

	c.  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 member's 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was a good Soldier with the exception of his physical fitness test scores.  He contends his general discharge is hindering him from getting a respectable job and furthering his education so he may become a productive member of society once again.

2.  He was separated under the provisions of Army Regulation 635-200, paragraph 14-12c(2), for misconduct – commission of a serious offense.  He used cocaine.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  Therefore, the type of discharge directed and the reasons were appropriate considering all the facts of the case.

3.  In view of the foregoing there is no basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X___  ___X____  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _X   _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20110000312



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ABCMR Record of Proceedings (cont)                                         AR20110000312



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