IN THE CASE OF:
BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20130018853
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 that his general discharge be upgraded to a fully honorable discharge.
2. The applicant indicates that his statement is attached; however, no such attachment was received with his application.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 25 June 2007 for a period of
3 years and training as a signal support systems specialist. He completed his training and was assigned to Fort Hood, Texas.
2. He deployed to Iraq from 5 February 2009 through 5 February 2010. During that deployment, on 1 November 2009, he reenlisted for a period of 4 years, training as a human intelligence collector, and a selective reenlistment bonus.
3. On 20 April 2011, nonjudicial punishment was imposed against the applicant for the wrongful use of D-Amphetamine, a schedule II substance.
4. On 26 May 2011, his commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct drug abuse.
5. On 1 June 2011, the applicant waived consultation with counsel and elected not to submit a statement in his own behalf.
6. On 9 June 2011, the appropriate authority approved the recommendation for discharge and directed that he be furnished a general discharge.
7. Accordingly, on 28 June 2011, he was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c (2), for misconduct drug abuse, with a general discharge. He had served 4 years and 3 days of active service.
8. On 15 July 2012, he applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge. He asserted that he was unaware the Adderall pill that he took was a narcotic and he regretted taking it. He also stated that he was discharged without the benefit of being entered into the Army Substance Abuse Program. He also stated that he was attempting to become a police officer, that he had a son, and that he regrets every day having taken that pill. He asked the ADRB to realize that he was a kid who made one mistake and asked that he not be made to pay for that mistake the rest of his life. On 5 December 2012, the ADRB voted unanimously to deny his appeal.
9. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and procedures for separating personnel for misconduct. Specific categories included minor infractions, a pattern of misconduct, involvement in frequent incidents of a discreditable nature with civil and military authorities, and commission of a serious offense, which includes drug offenses. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
10. Paragraph 3-7a of Army Regulation 635-200 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's contentions regarding his discharge have been noted; however, they are not sufficiently mitigating when compared to the serious nature of his misconduct. The applicant's overall service simply did not rise to the level of a fully honorable discharge.
2. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.
3. Accordingly, the characterization and the narrative reason for separation were appropriate for the circumstances of his case.
4. In the absence of evidence showing an error or injustice occurred in his case, there appears to be no basis to grant his request.
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) AR20130018853
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130018853
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140003901
The separation authority approved the applicant's discharge action and directed that the applicant be discharged under the provisions of Army Regulation 635-200, paragraph 14-12c(2), with an under honorable conditions (general) discharge. The SPD/RE code Cross Reference Table, dated 15 June 2006, states an RE-3 code will be assigned to members separated under these provisions with an SPD code of JKN. The evidence of record shows the applicant was separated (as corrected by the ADRB) under...
ARMY | BCMR | CY2014 | 20140001190
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: * Item 18 (Remarks) "Member Has Completed First Full Term of Service" * Item 24 (Character of Service) honorable * Item 28 (Narrative Reason for Separation) deletion of the entry, "Misconduct (Drug Abuse)" 2. The applicant provides copies of the following: * Separation Under Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph...
ARMY | BCMR | CY2012 | 20120010397
He also indicated his understanding that if he received a less than honorable discharge he could make application to the Army Discharge Review Board (ADRB) or the Army Board for Correction of Military Records for upgrading; however, he realized that an act of consideration by either board did not imply that his discharge would be upgraded. Army Regulation 635-200 further states that prior to discharge or release from active duty, individuals will be assigned RE codes based on their service...
ARMY | BCMR | CY2013 | 20130002147
The applicant requests her general discharge be upgraded to honorable and that her rank to be restored to private first class (PFC)/E-3. She further acknowledged that she understood if she received a character of service which was less than honorable she could make an application to the ADRB or the Army Board for Correction of Military Records for an upgrade of her discharge. On 10 August 2011, the unit commander notified the applicant he was initiating action to separate her from the Army...
ARMY | BCMR | CY2007 | 20070012512
However, his command did not take any action to have him medically discharged. The governing regulation does not require that the company commander request that the battalion commander impose the Article 15. In this case, there is no evidence to show that the applicant used Valium.
ARMY | DRB | CY2013 | AR20130014989
d. On 23 March 2011, the applicant again waived his Article 31 rights and denied possessing, using, or smoking spice. On 26 June 2011, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.
ARMY | BCMR | CY2012 | 20120021204
On 22 June 2011, he was notified by his immediate commander that separation action was being initiated against him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12c(2) by reason of misconduct - abuse of illegal drugs. The "JKK" SPD code is the correct code for Soldiers separating under Army Regulation 635-200, paragraph 14-12c(2), by reason of misconduct - drug abuse. DISCUSSION AND CONCLUSIONS: The evidence of record confirms...
ARMY | DRB | CY2013 | AR20130004796
Prior Board Review: No SUMMARY OF SERVICE: The applicant's record shows he enlisted in the Regular Army on 13 September 2006, for a period of 5 years. On 5 June 2011, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions. Although the applicant alleges he experienced prejudice and during his military service, there is no evidence in his military records and the applicant has...
ARMY | DRB | CY2012 | AR20120021246
The evidence contained in the applicants service record indicates that on 7 May 2012, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200 by reason of misconduct-abuse of illegal drugs for testing positive (111208) for amphetamines. The separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions....
ARMY | DRB | CY2012 | AR20120021643
The applicant requests an upgrade of his general, under honorable conditions discharge to honorable. On 18 November 2010, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, paragraph 14-12c, for misconduct (drug abuse), specifically for testing positive for cocaine (between 100528-100601). On 7 February 2011, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of...