IN THE CASE OF:  		

      BOARD DATE:  	10 April 2013

      CASE NUMBER:  	AR20120022342
___________________________________________________________________________

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 to be 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 from his general, under honorable conditions discharge to an honorable characterization of service. 

2.  The applicant states, in effect, he was discharged after the results of a urinalysis tested positive for the use of methamphetamine and amphetamines. It was a single and isolated offense for the use of narcotics. It has been over 10 years since the applicant was discharged. There were several Soldiers in the Army that committed the same offense and received 45 days extra duty as well as other disciplinary action.  The applicant received disciplinary actions as well as a chapter from the U.S. Army and feels the chapter was not the correct method to assist him in his rehabilitation efforts; and feels he should have received a court martial at most for the use of narcotics while enlisted in the military.  He had no say in his discharge even while his battalion was being deployed to Iraq.  When asked by his platoon sergeant and section chief what he wanted to do when he received the chapter paperwork, he replied that he wanted to go with the battery to war.  After his section chief said he would see what he could do; he came back less than 2 weeks later and said it was impossible; he could not do anything about his chapter paperwork because it was too far into the process to stop it. 

The applicant received an article 15, 45 days of extra duty, 45 days of restriction, a demotion E-1, and had to repay his Army signing bonus through taxes, and through his pay being docked. He believes that punishment should have been enough discipline.

During his enlistment he received 3 Army Achievement medals in a period of 5 months and he received a brigade coin and a battery coin. Also as a fire support team specialist he and his team attended the FIST competition held every year at Fort Hood Texas where they received second place on the post.

Since being separated from the U.S. Army he has been sober from narcotics, attended college, has become a father, and became a manager of a Printing company where he is in charge of over 50 employees.  He has recently been considering reenlisting before his newest baby was born, it became a financial issue for him to do so.

He was young and unaware of the substance he was taking when he was 20 years old. He has taken responsibility for his actions, however his discharge should be changed to honorable due to the fact that the discharge prevents him from pursuing an Army career. His actions did not consist of multiple offenses; it was a simple a mistake that he believes he has paid for. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		3 December 2012		
b. Discharge Received: 		General, Under Honorable Conditions		
c. Date of Discharge:			7 March 2001				
d. Reason/Authority/SPD/RE Code: 	Misconduct, AR 635-200, Chapter 14-12c(2), JKK 
					RE-3

     e. Unit of assignment:			Headquarters and Headquarters Service Battery 
						2d Battalion, 20th Field Artillery, 4th Infantry Division
(Mechanized), Fort Hood, Texas				                    
   f.  Current Enlistment Date/Term:  	8 May 2001,	4 years
g. Current Enlistment Service:		1 year, 10 months, 0 days			
h. Total Service:				1 year, 10 months, 0 days
i.  Time Lost:				None	
j.  Previous Discharges:		None	
k. Highest Grade Achieved:		E-3
l.  Military Occupational Specialty:	13F10 Fire Support Specialist
m. GT Score:				109
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None	
q. Decorations/Awards:			AAM-3, NDSM, ASR
r.  Administrative Separation Board: 	No
s. Performance Ratings:		None
t.  Counseling Statements:		None
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 8 May 2001 for a period of 4 years.  He          was 19 years old at the time of entry, a high school graduate and completed 1 year, and 10    months of active duty service.  The applicant was awarded 3 Army Achievement Medals that are not reflected on his DD Form 214.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 26 November 2002, the commander notified the applicant of initiation of separation action under Army Regulation 635-200, paragraph 14-12c, by reason of misconduct, for the commission of serious offenses; specifically for: using methamphatetamines and amphetatmines (020813 – 020819), for which he received a Field Grade Article 15, dated        3 October 2002. 

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

3.  On 4 December 2002, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived his right to an administrative separation board contingent on receiving a general, under honorable conditions discharge, although not entitled, and did not submit a statement in 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 13 December 2002, 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 AR 635-200, chapter 14-12c, commission of a serious offense.  

5.  The applicant was separated on 7 March 2003, under Army Regulation 635-200, Chapter 14-12c(2), with a general, under honorable conditions discharge, a SPD code of JKK, and a RE code of “3”. 

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

A Field Grade Article 15, dated 3 October 2002, for wrongfully using methamphetamines (020812 – 020819); and wrongfully using amphetamines (02083 – 020819).  His punishment consisted of reduction to E-1; forfeiture of $552 pay per month for 2 months, suspended, to be automatically remitted if not vacated before (021202); extra duty and restriction for 45 days. 
      
EVIDENCE SUBMITTED BY THE APPLICANT:

 The applicant provided an on-line application, a general discharge certificate, 3 Army Achievement Medal certificates and 3 DA Forms 638, Recommendation For Award, a course history report and unofficial transcript from a community college, and a DD Form 214.   

POST-SERVICE ACTIVITY: 

The applicant states, in effect, that since being separated from the U.S. Army he has been sober from narcotics, attended college, has become a father, and became a manager of a Printing company where he is in charge of over 50 employees.  

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.  It brought discredit on the Army, and was prejudicial to good order and discipline.  By his misconduct, the applicant diminished the quality his service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by an Article 15 for use of illegal narcotics in violation of the Uniform Code of Military Justice.

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 was young and immature at the time of the discharge.  The record shows the applicant met entrance qualification standards to include age.  There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service.

5.  The applicant also contends the incident that caused his discharge was the only one in his entire Army career.  Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. 

6.  The applicant raised the issue that other Soldiers with similar offenses were not discharged.  However, the method in which another Soldier’s case was handled is not relevant to the applicant’s case.  Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case.

7.  The analyst noted the applicant has been discharged for 10 years, his in service achievements and his contention of successfully transitioning to civilian life.  However, the US Army does not have, nor has it ever had, a policy to upgrade a discharge based on time elapsed since the discharge.  Each case is decided on its own merits based on all factors contained in the official record or as submitted by the applicant.  Changes may be warranted if the Board determines the characterization of service or the reason for discharge or both were improper or inequitable.
  
8.  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 3.  There are no basis upon which to grant a change to the reason or to the RE code.  An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.  If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist.  Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 

9.  The records show the proper discharge and separation authority procedures were followed in this case.  

10.  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:  Record Review  	  Date:  10 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:	
Other:


































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)		AR20120022342

Page 7 of 7 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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