IN THE CASE OF:	  

		BOARD DATE:	  13 June 2013

		DOCKET NUMBER:  AR20120020874 


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 upgrade of his general under honorable conditions discharge to an honorable discharge.

2.  He states:

	a.  his discharge should be upgraded because he was discharged based on one infraction.  He accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) (field grade) without complaint.  He was reduced in rank, performed extra duty for 45 days, was separated from his platoon, was sent home early from deployment, and was discharged from active duty.

	b.  his discharge was unjust because he took responsibility for what he did and he was a model Soldier prior to the incident.  Noncommissioned officers and officers who were in his chain of command wrote letters recommending him for retention, but these letters were ignored.  He was in the military for two years without one issue until this incident.

   c.  he believes his discharge was a bit excessive.  He was advised not to get an attorney because it would ruin his chances of retention, which was denied.

   d.  he can't get a job in his career choice with this type of discharge on his record.  He's been denied certain benefits in the civilian world, such as GI Bill and unemployment benefits.

	e.  he was punished enough as a Soldier and the military doesn't have to punish him any further while he's a civilian.  He's married, has a son, and needs to provide for his family, which he can't do with a general discharge.

	f.  he smoked weed he was given from his squad leader while they were deployed.  Statements were made by other Soldiers and a squad leader in his platoon to support his claim.  He wasn't the only Soldier smoking weed, but he was the only one punished.  He understands that doing drugs isn't allowed, but the situation was a direct result of corrupt leadership.  He realizes he didn't have to do what he did, but he can't take it back.  No one was hurt as a result of his drug abuse and it was one time.  

3.  He provides letters of recommendation.  

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 22 October 2008 for a period of 4 years and 18 weeks.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he served in Afghanistan from 5 February to 27 November 2010.

2.  On 17 October 2010, he accepted NJP under Article 15, UCMJ, for wrongfully possessing paraphernalia used to obtain an altered state of mind or an unnatural feeling of euphoria and for wrongfully using marijuana.  His punishment consisted of reduction to private/E-1, forfeiture of $723.00 for two months (suspended), 45 days of extra duty, and restriction.  

3.  On 12 May 2011, the unit commander notified him of the proposed recommendation to discharge him under the provisions of Army Regulation 
635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c(2), by reason of misconduct – abuse of illegal drugs.  He was advised of his rights.

4.  He acknowledged notification and he acknowledged that he could encounter prejudice in civilian life if a general discharge under honorable conditions or an other than honorable conditions discharge certificate be issued to him.  He consulted with legal counsel, waived his right to have his case heard by an administrative separation board, was advised of the impact of the discharge action, and submitted statements in his own behalf which are not in the available records.

5.  His chain of command recommended his discharge from the service with a general under honorable conditions discharge.

6.  The separation authority waived rehabilitation and directed the applicant be discharged with a general under honorable conditions discharge.

7.  On 7 June 2011, he was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c(2) by reason of misconduct - drug abuse.  He completed 2 years, 7 months, and 16 days of active military service.  The highest grade he attained was specialist/E-4; however, at the time of his discharge he held the rank/pay grade of private/E-1.  

8.  On 9 April 2012, the Army Discharge Review Board denied the applicant's request for an upgrade of his discharge.

9.  The applicant provided letters of recommendation from his former Squad Leader, Platoon Sergeant, and Platoon Leader, who stated the applicant should be allowed to continue his military service.  They witnessed the applicant's level of service and dedication to the mission and the U.S. Army.  The applicant was described as dedicated, calm under stressful enemy engagements, aggressive in combat situations, and inspiring to fellow Soldiers.  

10.  The applicant provided a letter of recommendation from a Platoon Medic who stated he had worked with the applicant since 2009.  He witnessed the applicant perform very well under intense enemy fire.  The platoon medic requested the applicant's one lapse in judgment not ruin his future in the U.S. Army and he felt the applicant could be rehabilitated and would prove to be an asset to the Army.  

11.  The applicant also provided a letter from his former Team Leader who stated the applicant was a model Soldier, performed his duties well and in a professional manner, and was always willing to assist the newer privates.  He recommended the applicant for any job regardless of his unfortunate decision which led to his current position.  

12.  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, commission of a serious offense, and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.  However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record.

13.  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 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 contends he should be granted an honorable discharge because he has already paid the price for this one infraction.

2.  The evidence of record shows he wrongfully possessed paraphernalia used to obtain an altered state of mind or an unnatural feeling of euphoria and wrongfully used marijuana while in a combat zone and he received NJP under Article 15 for these offenses.  Considering the seriousness of the applicant's offense, it appears that his service was appropriately characterized.

3.  His service record is void of evidence which substantiates his claim that he was advised not to obtain an attorney because it would ruin his chances of retention.

4.  The ABCMR does not amend/or correct military records solely for the purpose of making the applicant eligible for employment or employment benefits.  He was advised during the separation processing that he would encounter prejudice in civilian life if a general discharge under honorable conditions was issued to him.  

5.  He contends the situation regarding his misconduct was a direct result of corrupt leadership.  However, his service record is void of evidence to support his claim.

6.  The applicant's administrative separation under the provisions of Army Regulation 635-200, paragraph 14-12c(2), by reason of misconduct – abuse of illegal drugs was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.

7.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under the provisions of Army Regulation 635-200, chapter 14, for misconduct.  It appears the separation authority determined the applicant's overall service did not meet the standards of acceptable conduct and performance of duty to warrant recommendation of a fully honorable discharge but characterized his service as general under honorable conditions.

8.  The applicant has not presented sufficient evidence and there is no evidence of record to show his present discharge warrants a change to fully honorable.  Therefore, there is no basis for granting the 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 that 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)                                         AR20120020874





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ABCMR Record of Proceedings (cont)                                         AR20120020874



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