IN THE CASE OF:  	

      BOARD DATE:  	5 April 2013

      CASE NUMBER:  	AR20120019404
___________________________________________________________________________

Board Determination and Directed Action

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 was both proper and equitable and voted to deny relief.



      
      
      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 APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests an upgrade of her general, under honorable conditions discharge to honorable.

2.  The applicant submitted no issues of equity or propriety.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		15 October 2012
b. Discharge Received: 		General, Under Honorable Conditions
c. Date of Discharge:			8 June 2009	
d. Reason/Authority/SPD/RE Code:	Misconduct (Drug Abuse), AR 635-200, paragraph 							14-12c(2), JKK, RE-4
e. Unit of assignment:			F FSC, 94th BSB, Fort Polk, LA			
f. Current Enlistment Date/Term:	25 July 2008, for 4 years
g. Current Enlistment Service:	10 months, 14 days	
h. Total Service:			10 months, 14 days
i. Time Lost:				None	
j. Previous Discharges:		None	
k. Highest Grade Achieved:		E-2	
l. Military Occupational Specialty:	92A10/Automated Logistical Specialist	
m. GT Score:				109	
n. Education:				GED	
o. Overseas Service:			None	
p. Combat Service:			None	
q. Decorations/Awards:		NDSM, GWOTSM, ASR	
r. Administrative Separation Board:	No	
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 8 June 2009 for a period of     4 years.  She was 28 years old at the time of entry.  She was trained in and awarded military occupational specialty (MOS) 92A10, Automated Logistical Specialist.  She served for           10 months and 14 days, and was discharged for misconduct, specifically for abusing illegal drugs.  




SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 13 May 2009, 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 the wrongful use of marijuana between 12 February 2009 and 12 March 2009.  

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 14 May 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted a statement on her own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended the applicant's discharge be suspended, if not vacated, for 180 days from the date the separation authority made his decision.  If discharged, the intermediate commander recommended the applicant be discharged with a characterization of service of general, under honorable conditions.  

4.  On 28 May 2009, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

5.  The applicant was discharged from the Army on 8 June 2009, 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 an RE code of 4. 

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  There is one positive urinalysis report contained in the record; IU, Inspection Unit, 12 March 2009, for marijuana.

2.  Article 15 dated 6 May 2009, wrongful use of marijuana between 12 February 2009 and    12 March 2009.  The punishment consisted of reduction to E-1, forfeiture of $300.00 per month for one month (suspended), and extra duty for 30 days (FG).

3.  One negative counseling statement, dated 24 March 2009, for abuse of an illegal drug.






EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided no additionally document with her application.

POST-SERVICE ACTIVITY: 

None provided by the applicant.  

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 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.  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 Soldier’s separation specifically allows such characterization.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of her discharge was carefully considered.  However, after examining the applicant’s record of service, her military records, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.

2.  The record confirms that the applicant’s discharge was appropriate because the quality of her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a Soldier.  The applicant, as a Soldier, had the duty to support and abide by the Army's drug policies.  By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of service below that meriting a honorable discharge.

3.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  The applicant submitted no issues of equity or propriety to be considered by the Board.

4.  Therefore, 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: 5 April 2013          Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel: None

Witnesses/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:	No
Change Characterization to: NA	
Change Reason to:	NA
Change Authority for Separation: NA
Change RE Code to: NA	
Grade Restoration to: NA	
Other: NA









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)		AR20120019404



Page 5 of 5 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1