IN THE CASE OF:  	Mr. 

      BOARD DATE:  	26 June 2013

      CASE NUMBER:  	AR20130000136
___________________________________________________________________________

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 his discharge was inequitable because it was based on one isolated incident in 43 months.  He was also incarcerated for 30 days because of this incident which should have been punishment enough.  Also, upon returning from Afghanistan he did not receive proper re-stabilization classes.  Furthermore, he self-enrolled in the ASAP program and was diagnosed with depression and insomnia.  He was in a very unhealthy state of mind.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		28 December 2012
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			21 December 2011
d. Reason/Authority/SPD/RE:		Misconduct (Serious Offense), AR 635-200, 14-12c, 						JKQ, RE-3        
e. Unit of assignment:			Charlie Troop, 4th Squadron, 73rd Cavalry Regiment, 						Fort Bragg, NC
f. Enlistment Date/Term:		10 January 2008, 4 years, 16 weeks
g. Current Enlistment Service:	3 years, 10 months, 6 days 
h. Total Service:			3 years, 10 months, 6 days
i. Time Lost:				37 days
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	11B1P, Infantryman
m. GT Score:				115
n. Education:				GED
o. Overseas Service:			SWA
p. Combat Service:			Afghanistan (090823-100823)
q. Decorations/Awards:		AGCM, NDSM, ACM-w/CS-2, GWOTSM, NPDR, 						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 10 January 2008, for a period of 4 years and 16 weeks.  He was 24 years old at the time of entry and had a high school equivalency (GED).  He served a combat tour in Afghanistan between 2009 and 2010.  At the time his discharge proceedings were initiated he was serving at Fort Bragg, NC.  His record shows he was awarded an AGCM.    
SEPARATION FACTS AND CIRCUMSTANCES

1.  The record shows that on 9 August 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), specifically for testing positive for the use of THC (110602).  

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 11 August 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action and indicated he would not submit 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 23 August 2011, 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 on 21 December 2011, for misconduct (serious offense), under the provisions of AR 635-200, Chapter 14-12c, with an SPD code of JKQ and an RE code of 3.

6.  The applicant’s record contain one period of unauthorized absences or time lost (110502-110607) for a total of 37 days.  The mode of return is unknown.   In addition, his records shows he was confined for 28 days 

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  There is one positive urinalysis reports contained in the record coded as IO, Inspection Other, 2 June 2011, marijuana.

2.  Summary court-martial adjudged on 15 June 2011, for being AWOL (110502-110531).
His punishment consisted of a reduction to E-1 and confinement for 28 days starting 
15 June 2011.

3.  There one counseling statement dated 31 May 2011, for the applicant returning from AWOL.  

EVIDENCE SUBMITTED BY THE APPLICANT 

None were provided with the application.




POST-SERVICE ACTIVITY: 

None 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 an upgrade of the characterization of his discharge was carefully considered.  However, after examining the applicant’s service record, the documents and the issue submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The service 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.  By his misconduct the applicant diminished the quality his service below that meriting an honorable 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 this was an isolated incident in 43 months of good service.    Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  Army Regulation 635-200, in pertinent part, stipulates 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 single incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline.  

5.  The applicant further contends he was in a very unhealthy state of mind upon returning from Afghanistan.  He did not receive proper re-stabilization classes and he was diagnosed with depression and insomnia.  However, the record shows that on 13 June 2011, the applicant underwent a mental status evaluation which indicates he was mentally responsible, with thought content as clear, and was able to recognize right from wrong.  Further, there are many Soldiers with the same condition that completed their service successfully.

6.  Lastly, the applicant’s service record does not reveal any evidence of arbitrary or capricious actions by the applicant’s 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.   

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:  Record Review   	Date: 	26 June 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 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)		AR20130000136



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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