IN THE CASE OF:  	
      
      BOARD DATE:  	19 April 2013

      CASE NUMBER:  	AR20120020908
___________________________________________________________________________

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 his discharge from general, under honorable conditions to honorable.

2.  The applicant states, in effect, that he was discharged improperly due to his medical conditions.  He is requesting upgrade for the purpose of employment and schooling.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		2 November 2012	
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			19 October 2011	
d. Reason/Authority/SPD/RE Code:	Misconduct (Drug Abuse), AR 635-200, paragraph 							14-12c(2), JKK, RE-4	
e. Unit of Assignment:			3/4th Avn Bn, Fort Hood, TX	
f. Current Enlistment Date/Term:	27 July 2006, 5 years, extension of service was at the  						request and for the convenience of the government in 							support of a contingency operation
g. Current Enlistment Service:	5 years, 2 months, 23 days
h. Total Service:			5 years, 2 months, 23 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	92A10, Automated Logistical Specialist
m. GT Score:				92
n. Education:				NIF	
o. Overseas Service:			SWA
p. Combat Service:			Iraq (080616-090531) and Afghanistan (100709-							101109)
q. Decorations/Awards:		ARCOM, NDSM, ACM-w/CS, ICM-w/2CS, NATO							ASM, GWOTSM, ASR, OSR
r. Administrative Separation Board: 	No	
s. Performance Ratings:		None
t. Counseling Statements:		Yes
u. Prior Board Review:			No
SUMMARY OF SERVICE:		

The applicant's record shows he enlisted in the Regular Army on 27 July 2006 for a period of   5 years.  He was 20 years old at the time of enlistment.  The record shows he served two tours of combat and earned several awards that included an ARCOM.  He completed 5 years,          2 months, and 23 days of total service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 23 March 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200 by reason of misconduct- commission of a serious offense for being apprehended for possession of marijuana (100701) and failing to report to his appointed place of duty on numerous occasions.  

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 15 June 2011, the applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action and did not submit a statement on his own behalf.  The unit commander subsequently recommended separation from the Army and waived of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge.  

4.  On 29 September 2011, the separation authority having considered the applicant's separation packet and the recommendation of the Medical Evaluation Board (MEB) to have his case referred to a Physical Evaluation Board (PEB), disapproved the MEB's recommendation.  The separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions, under the provision of Chapter 14, paragraph 14-12c, AR 635-200, by reason of commission of a serious offense.

5.  The applicant was discharged from the Army on 19 October 2011, 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 a 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.  An MP Report dated 7 July 2010, that indicates the applicant was the subject of an investigation for marijuana use.

2.  Article 15, dated 29 August 2010, for the wrongful possession of a marijuana cigarette (100701).  The punishment consisted of reduction to E-2 and extra duty for 45 days (FG).

3.  Four counseling statements, dated between 4 August 2010 and 1 April 2011, for possession of a controlled substance, failure to be in his appointed place of duty, disobeying a lawful order, insubordinate conduct, and monthly counselings.

EVIDENCE SUBMITTED BY THE APPLICANT:

MEB documents to include PEB referral transmittal document.

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 her military records and the issues submitted with the application, there are insufficient 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 his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  It brought discredit on the Army, and was prejudicial to good order and discipline.  By the incidents of misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant’s service was marred by a field grade Article 15 for the wrongful possession of a controlled substances and several counseling statements..  

3.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the misconduct or poor duty performance.  

4.  The applicant contends his discharge was improper due to his medical condition.  However, Department of Defense disability regulations do not preclude a disciplinary separation while undergoing a medical board.  Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons.  Whenever a member is being processed through the Physical Evaluation Board and is subsequently processed for an administrative involuntary separation or is referred to a court-martial for misconduct, the disability evaluation is suspended.  The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings.  If the action includes either a punitive or administrative discharge for misconduct, the medical process is stopped and the board report is filed in the member’s medical record.  

5.  Records show the separation authority did consider the applicant's MEB packet prior to making a decision to separate him prior to the expiration of his term of service.

6.  The applicant requests an upgrade of his discharge for the purpose seeking employment and going to school.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.  Furthermore, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

7.  Records show the proper discharge and separation authority procedures were followed in this case.

8.  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: 19 April 2013   Location: Washington, DC

Did the Applicant Testify?  No 

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: No Change	
Change Reason to:	No Change
Change Authority for Separation: No Change
Change RE Code to: No Change	
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)		AR20120020908



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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