BOARD DATE:	  2 April 2015

		DOCKET NUMBER:  AR20140014633 


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 under honorable conditions discharge be upgraded to honorable and that the narrative reason for his separation be changed.

2.  The applicant states:

	a.  He had some drug abuse issues while he was serving.  He used drugs because it seemed like the easiest way to deal with the everyday stressful situations.  

	b.  His discharge and reason for separation should be changed because throughout his service, he showed that he could be an outstanding Soldier.  

	c.  He understands that he made a bad decision and he takes full responsibility, but he was never given the necessary treatment.  

	d.  During his service, he witnessed and had to deal with some stressful situations that he did not know how to cope with.  He sought help several times, but instead of being treated like a Soldier he was looked down by his peers and superiors.  

	e.  After his discharge, he was diagnosed with a service-connected disability for post-traumatic stress disorder (PTSD).  He feels that he should have been rehabilitated instead of discharged but he was given no chance.  Now, he has to carry a DD Form 214 (Certificate of Release or Discharge from Active Duty) with a misconduct-drug abuse charge that no employer respects.  He wants to be viewed as a Soldier who rightfully served his country and not as a drug abuser.

3.  The applicant provides no additional evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 23 July 2008.  He served in Iraq from 10 July 2010 through 11 July 2011.

2.  He accepted nonjudicial punishment (NJP) for wrongful use of marijuana on 23 April 2012.  

3.  On 4 June 2012, his immediate commander informed him of his intent to separate him from the Army under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c(2), for misconduct-abuse of illegal drugs, with a general under honorable conditions discharge.  The commander cited the applicant's wrongful use of marijuana as the reason for the proposed separation action.  The applicant was also advised of his right to consult with legal counsel, submit statements in his own behalf, and waive his rights in writing.

4.  On 4 June 2012, he consulted with legal counsel and he was advised of the basis for the contemplated separation action for misconduct-abuse of illegal drugs.  He elected not to submit a statement in his own behalf.  He acknowledged he understood he may expect to encounter substantial prejudice in civilian life if a general, under honorable conditions discharge was issued to him.  He also acknowledged he understood that if he received a character of service of less than honorable, he may apply to the Army Discharge Review Board (ADRB) or this Board for an upgrade of his discharge; however, he realized that an act of consideration by either board did not imply his discharge would be upgraded.

5.  On 5 June 2012, the applicant's intermediate commander reviewed the separation packet and recommended immediate discharge in accordance with paragraph 14-12(c) of Army Regulation 635-200 with a general under honorable conditions character of service.  The intermediate commander also stated that the applicant's behavior since the incident continued to decline as evidence by an arrest on 3 June 2012 for driving under the influence.

6.  On 5 June 2012, the appropriate separation authority approved the recommendation for separation under the provisions of Army Regulation 
635-200, paragraph 14-12c(2), with service characterized as general under honorable conditions.  

7.  On 21 June 2012, he was discharged accordingly.  His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c (2), with a general discharge.  It also shows he completed 3 years,        10 months, and 29 days of active service.  It further shows in item 26 (Separation Code) the code "JKK" and in item 28 (Narrative Reason for Separation) the entry "Misconduct (Drug Abuse)."

8.  The ADRB denied his request for an upgrade of his discharge on 18 July 2013.

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

	a.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories included 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 for a Soldier discharged under this chapter.

	b.  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.

10.  Army Regulation 635-5-1 (Separation Program Designators) states that separation codes are three-character alphabetic combinations, which identify reasons for, and types of separation from active duty.  This regulation states "JKK" is the appropriate code for individuals who were administratively discharged in accordance with Army Regulation 635-200, paragraph 14-12c(2).  The appropriate narrative reason for separation associated with this separation code is "Misconduct (Drug Abuse)."



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his characterization of service should be upgraded to honorable and that the narrative reason for his separation should be changed.  

2.  The evidence of record shows he committed a serious offense in that he used illegal drugs (marijuana).  Accordingly, his commander initiated separation action against him.  

3.   By using illegal drugs, he compromised the special trust and confidence placed in him as a Soldier and he knowingly risked his military career.  This misconduct clearly diminished the quality of his service below that meriting a fully honorable discharge.

4.  The available evidence confirms his separation processing for the use of illegal drugs was accomplished in accordance with the applicable regulations.  All requirements of law and regulation were met and his rights were fully protected throughout the separation process.  

5.  His contentions were noted; however, he has failed to provide evidence demonstrating that the command's actions and/or the characterization of his service were in error or unjust.

6.  He was separated under the provisions of Army Regulation 635-200, paragraph 14-12c(2).  Therefore, the narrative reason for separation shown on his DD Form 214 is correct.  

7.  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 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)                                         AR20140014633



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140014633



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1