IN THE CASE OF:  	

      BOARD DATE:  	5 April 2013

      CASE NUMBER:  	AR20120021515
___________________________________________________________________________

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.  However, notwithstanding the propriety of the applicant's discharge, the Board found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as “AR 635-200, paragraph 14-12c(2)”, block 26 separation code as “JKK”, block 27, reentry code as “4”, and block 28, narrative reason for separation as "Misconduct (Drug Abuse)."  In view of these errors, the Board voted to administratively change block 25, separation authority to “AR 635-200, paragraph 14-12c”, block 26, separation code to “JKQ”, block 27, reentry code to “3, and block 28, narrative reason for separation to "Misconduct (Serious Offense)" as approved by the separation authority.  Except for the foregoing modifications, the Board determined the discharge was both proper and equitable and voted not to change it.
      
      








      
      
      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 to upgrade the characterization of his general discharge to honorable.

2.  The applicant states, in effect, that his superiors acknowledged that he maintained professionalism, performed his duties, and took his punishment without any complaint when he got in trouble that led to his discharge.  He has been an outstanding citizen, going to college and working a full time job within the last three years.  He feels that his discharge should be changed to honorable because he preformed amazingly as a Soldier in combat and in the states.  He understands that he made a mistake and the price needs to be paid.  He is eager to rejoin the Army and prove to his country that people make mistakes and what those people do that defines him to be a man.  Therefore, he is willing to do whatever it takes to reenlist.
 
DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	19 November 2012
	b.	Discharge Received:	General, under honorable conditions
	c.	Date of Discharge:	30 November 2009
	d.	Reason/Authority/SPD/RE Code:	Misconduct (Drug Abuse) / AR 635-200, paragraph 
			14-12c(2) / JKK / RE-4
	e.	Unit of assignment:	612th QM Co, 189th Combat Sustainment Support 
			Battalion, 82nd Sustainment Brigade (R) (P), XVIII 
			Airborne Corps, Fort Bragg, NC
	f.	Current Enlistment Date/Term:	27 March 2009 / 5 years
	g.	Current Enlistment Service:	8 months, 4 days
	h.	Total Service:	3 years, 5 months, 9 days
	i.	Time Lost:	None
	j.	Previous Discharges:	RA (060622-090326) / HD
	k.	Highest Grade Achieved:	E-4
	l.	Military Occupational Specialty:	92R (Parachute Rigger)
	m.	GT Score:	NIF
	n.	Education:	HS Graduate
	o.	Overseas Service:	SWA
	p.	Combat Service:	Iraq (070327-080531)
	q.	Decorations/Awards:	ARCOM-3; AAM; AGCM; NDSM; ICM-CS
			GWOTSM; ASR; OSR; CAB
	r.	Administrative Separation Board: 	No
	s.	Performance Ratings:	None
	t.	Counseling Statements:	Yes
	u.	Prior Board Review:	No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 22 June 2006 for a period of 3 years and reenlisted 27 March 2009 for 5 years.  He was 17 years old at the time of entry and a high school graduate.  He served in Iraq.  He earned three ARCOM awards and an AAM, and completed 3 years, 5 months, and 9 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 21 September 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, specifically for wrongfully using marijuana 10 May 2009-9 June 2009.  

2.  Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge.

3.  Although the applicant’s responses to his commander’s notification do not clearly reflect consulting with legal counsel, he acknowledged being afforded that opportunity 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.  On 9 November 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’s record does not show any record of unauthorized absences or lost time.

6.  The applicant was discharged from the Army on 15 July 2007, 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. 

7.  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, an IU, Inspection Unit, dated 9 June 2009, for marijuana.

2.  Article 15, dated 9 July 2009, for wrongfully using marijuana (10 May 2009-9 June 2009).  The punishment consisted of reduction to the grade of E-1, forfeiture of $600 per month, 45 days of extra duty and restriction (FG). 

3.  One negative counseling statement, dated 18 June 2009, for having a positive urinalysis test.


EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application, dated 15 October 2012; DD Form 214 for service under current review.

POST-SERVICE ACTIVITY: 

The applicant provided none. 

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 document and the issue submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The record confirms 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.  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 his service below that meriting an honorable discharge.  The applicant’s record of service was marred by an Articles 15 for violation of the Uniform Code of Military Justice and a negative counseling statement.

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 that he had good service which included a combat tour and his post-service accomplishments.  The applicant’s service accomplishments and the quality of his service prior to the incident that caused the initiation of discharge proceeding and his subsequent post-service accomplishments were carefully considered.  However, these services were determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the incident of misconduct, the negative counseling statement and the documented action under Article 15 of the Uniform Code of Military Justice. 

5.  The applicant has requested a change to the reentry code in order to rejoin the Service.  However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on AR 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE Code of 4.  A RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 

6.  In view of the above, the records show the proper discharge and separation authority procedures were followed in this case.  

7.  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:	3	No Change:  2
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:	Yes
Change Characterization to: No Change	
Change Reason to:	Misconduct (Serious Offense)
Change Authority for Separation:  AR 635-200, paragraph 14-12c
Change RE Code to: 3	
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)		AR20120021515



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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