IN THE CASE OF:  	

      BOARD DATE:  	10 April 2013

      CASE NUMBER:  	AR20120022381
___________________________________________________________________________

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 discharge to honorable.

2.  The applicant states, in effect, that during her time in service, she was not in a stable place mentally, and because of this, she made a decision to use marijuana.  She enlisted in the military as a very young adult and she made a bad decision to use marijuana.  She also dealt with the consequences that were handed to her because of her bad decision without a problem.  She served her extra duty as required and paid the fines.  Because she served such a short time in the military, she was required to pay back her sign on bonus.  She fulfilled her obligation by paying the money back in full.  She is now 27 and because of these things, she is requesting an upgrade of her discharge.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		3 December 2012
b. Discharge Received:		General, Under Honorable Conditions	
c. Date of Discharge:			8 March 2007
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), paragraph 14-12c(2), JKK
					RE-4
e. Unit of assignment:			549th Quartermaster Company, 68th Combat 							Sustainment Support Battalion, Fort Carson, CO	
f. Current Enlistment Date/Term:	6 April 2006, for 03 years and 00 weeks	
g. Current Enlistment Service:	00 year, 11 months, 03 days
h. Total Service:			00 year, 11 months, 03 days
i. Time Lost:				None
j. Previous Discharges:		None	
k. Highest Grade Achieved:		E-2
l. Military Occupational Specialty:	92S10/Shower/Laundry/Clothing
m. GT Score:				86
n. Education:				HS Graduate
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 applicant enlisted in the Regular Army on 6 April 2006, for a period of 3 years.  She was 20 years old at the time of entry and a high school graduate.  She served for 11 months and 3 days and was discharged for misconduct, specifically for abusing illegal drugs.  



SEPARATION FACTS AND CIRCUMSTANCES

1.  The record shows that on 20 February 2007, 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 serious offense, in that she received a field grade Article 15 for wrongfully using marijuana (061127), with a general, under honorable conditions discharge.  She was advised of her rights.  

2.  On 20 February 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit 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 approval of the separation with a general, under honorable conditions discharge.  

3.  On 22 February 2007, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

4.  The applicant’s record does not show any record of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  One counseling statement dated 26 August 2005 in which the applicant was informed on the commander’s intent to initiate discharge proceedings.  

2.  On 8 January 2007 the applicant accepted and Article 15, for wrongfully using marijuana (061027-061127); her punishment consisted of reduction to the grade to E-1, forfeiture of $650.00 per month for two months (suspended), and 45 days of extra duty (FG).

3.  There is one positive urinalysis report contained in the record coded as IR, Inspection Random, 27 November 2006, marijuana.

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided a DD Form 293, DD Form 214 and a memorandum and a receipt from the Defense Finance and Accounting Center.

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 her characterization and a change to the reason for the discharge was carefully considered.  However, after examining the applicant’s record of service during the period of enlistment under review, the issues and document 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 quality of 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.  As a Soldier, the applicant had the duty to support and abide by the Army's drug policies and by abusing illegal drugs, she knowingly risked a military career and diminished the quality of her service below that meriting an honorable discharge.  

3.  The applicant contends she was young and immature, which led to her making a bad decision.  The record indicates that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.
 
4.  The applicant contends that she paid back her bonus money in full and she successfully completed her extra duty.  However, these accomplishments did not overcome the reason for discharge and characterization of service granted.  

5.  Furthermore, the record contains no evidence of arbitrary or capricious actions by the command.  It appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

6.  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 RE Code to: No Change	
Grade Restoration to: No	
Change Authority for Separation:	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)		AR20120022381



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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