IN THE CASE OF:  	

      BOARD DATE:  	8 April 2013

      CASE NUMBER:  	AR20120021246
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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, he was diagnosed with Attention Deficit Disorder (ADD) when he was a child.  In 2009 he was prescribed Ritalin to help with his ADD.  He had an important deadline that had to be met; he was having trouble focusing on his work and was nervous about making his deadline.  He asked a friend for her prescription pills so he could focus.  On 8 December 2011, he tested positive for drug use.  He understands the importance of not taking medication that was not prescribed to him and the negative consequences that follow.  The decision he made has affected not only his life, but also his kid’s.  If given the chance he would like to serve his country again and make better decisions.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		19 November 2012	
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			28 June 2012
d. Reason/Authority/SPD/RE Code:	Misconduct (Drug Abuse), AR 635-200, paragraph
      14-12c(2), JKK, E-4
e. Unit of assignment:			HHC, 2/3rd Avn Regt, HAAF, GA
f. Current Enlistment Date/Term:	31 October 2010, for 4 years
g. Current Enlistment Service:	1 year, 7 months, 28 days
h. Total Service:			4 years, 5 months, 25 days
i. Time Lost:				None	
j. Previous Discharges:		RA-080104-101030/HD	
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	74D10/Chemical Operation Specialist
m. GT Score:				110
n. Education:				HS Graduate
o. Overseas Service:			SWA
p. Combat Service:			Iraq (100112-101217)
q. Decorations/Awards:		ARCOM, AAM-2, AGCM, ICM-w/CS-2, NDSM,								GWOTSM, ASR, OSR
r. Administrative Separation Board: 	None
s. Performance Ratings:		None
t. Counseling Statements:		Yes
u. Prior Board Review:			None




SUMMARY OF SERVICE:		

The applicant enlisted in the Regular Army on 4 January 2008, for a period of 4 years and     22 weeks.  He was a high school graduate.  On 31 October 2010, he reenlisted for a period of 4 years; he was 23 years old at the time.  He served for almost 54 months and was discharged for misconduct, specifically for abusing illegal drugs.  His service record reflects he served one combat tour, achieved the rank of SPC/E-4, and earned an ARCOM, two AAM's, and an AGCM.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s 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.  

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 10 May 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted a statement on his 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 approval with a general, under honorable conditions discharge.  

4.  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 28 June 2012, 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.  There is one positive urinalysis report for amphetamine contained in the record;                  IR (Inspection Random), 8 December 2011.

2.  Article 15 dated 22 March 2012, for wrongful use of amphetamine between (111206 and 111208).  The punishment consisted of reduction to E-2, forfeiture of $823.00 pay (suspended), extra duty for 45 days, and restriction for 45 days (FG).

3.  There are two negative counseling statements that were done between 10 February 2012 and 9 April 2012, for testing positive on a urinalysis test and notification for intent to separate. 

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided three character reference letters with his 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 his discharge was carefully considered.  However, after examining the applicant’s record of service, his 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 his 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 general, under honorable condition 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.

4.  The applicant contends if given the chance he would like to serve his country again and he is now prepared to make better decisions.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned an RE Code of 4.  An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment.  

5.  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: Personnel Appearance   Date: 8 April 2013     Location: Washington, DC

Did the Applicant Testify:  Yes

Counsel: None

Witnesses/Observers: None

Board Vote:
Character Change:  1	No Change:  4
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: 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)		AR20120021246



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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