IN THE CASE OF:  	Mr. 

      BOARD DATE:  	12 April 2013

      CASE NUMBER:  	AR20120022995
___________________________________________________________________________

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 received an honorable discharge after serving
4 years and serving in Afghanistan and Korea.  The only trouble he ever had in eight years was one positive urinalysis for a prescription pain killer (Vicodin).  He admitted to having a weak moment for a back injury that he received while serving his country.  This was considered drug abuse and having such wording on his DD Form 214 could cause problems for future employment or be embarrassing for family member to see.  He feels that the narrative reason is unjust.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		13 December  2012
b. Discharge received:			Honorable 
c. Date of Discharge:			21 November 2012
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), Chapter 14-12c, JKK, RE-4
e. Unit of assignment:			0360 Transportation Company, MED TRK,  							Fort Carson, CO 
f. Current Enlistment Date/Term:	6 November 2008, 04 years, 13 weeks		
g. Current Enlistment Service:	04 years, 00 months, 16 days
h. Total Service:			11 years, 12 months, 09 days
i. Time Lost:				None
j. Previous Discharges:		USN (860303-900302) HD, and 03 years, 11 months, 						23 days of prior inactive service (previous discharge 						data was taken from a memorandum from the VA and 					DD Form 214)
k. Highest Grade Achieved:		E-4
l.  Military Occupational Specialty:	88M10/ Motor Transport Operator
m. GT Score:				NIF
n. Education:				GED
o. Overseas Service:			Germany
p. Combat Service:			Afghanistan (100930-110703)
q. Decorations/Awards:		ARCOM, AAM, AGCM-2, NDSM, AFEM, 							ACM-w/CS-2, ICM-w/CS-2, GWOTSM, KDSM, ASR, 						OSR-2, NATO-MDL, USN “E” Ribbon, USSDR
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 6 November 2008, for a period of 04 years and 13 weeks.  According to his DD Form 214, on 6 April 2009, he had a total of 04 years total prior active service and 03 years, 11 months, 23 days of prior inactive service.  The applicant provided a memorandum from the Department of Veterans Affairs showing that he served in the US Navy from 3 March 1986-2 March 1990 and received an honorable discharge.  The applicant was 40 years old at the time he enlisted into the Army.  The applicant served in Afghanistan and has earned an ARCOM, AAM, and AGCM-2.

SEPARATION FACTS AND CIRCUMSTANCES

1.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  He was discharged as a PFC/E-3.

2.  The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c(2), for misconduct (drug abuse), with a characterization of service of honorable.  The DD Form 214 shows a Separation Program Designator (SPD) code of JKK and a reentry (RE) code of 4.  

3.  The applicant’s record does not reflect any lost time.  There is no record of any UCMJ action, although the applicant was discharged as a PFC/E-3.  The action that reduced him in rank is not in his record.

4.  The applicant was separated under Orders 312-0026, HQS, United States Army Garrison, Fort Carson, CO, with an effective date of on 21 November 2012.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

There are no counseling statements or UCMJ actions in the record.  However, the DD Form shows he was discharged as a PFC/E-3; the action that reduced him in rank is not available in his record.

EVIDENCE SUBMITTED BY THE APPLICANT 

 The applicant provided a DD Form 293; DD Form 214; a memorandum from the Department of Veterans Affairs, dated 8 December 2012

POST-SERVICE ACTIVITY: 

None were provided with the application.



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 a change to the narrative reason for his discharge was carefully considered.  However, after examining the applicant’s available record of service, the issues and documents submitted with the application, there are insufficient factors to merit a change to the narrative reason for the discharge.    

2.  The applicant contends that he is requesting a change of his narrative reason in order to enhance his job potential.  The applicant was discharged under the provisions of Chapter 14, paragraph 14-12c (2), AR 635-200, by reason of misconduct (drug abuse) with an honorable discharge.  The narrative reason specified by Army Regulations in effect at the time for a discharge under this paragraph is "Misconduct, Drug Abuse” and the separation code is "JKK."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  

3.  The facts and circumstances leading to his discharge are unknown.  The available record contains no evidence of arbitrary or capricious actions by the command and it is presumed that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

4.  If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record.

5.  Therefore, based on the available evidence and the presumption of government regularity, it appears the reason for discharge and the characterization of service were both proper and equitable, thus recommend the Board deny relief. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Record Review	  Date:  12 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:	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:	N/A
Grade Restoration to:	N/A
Change Authority for 	N/A
Other:	N/A







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)		AR20120022995



Page 5 of 5 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1