IN THE CASE OF:  	

      BOARD DATE:  	19 April 2013

      CASE NUMBER:  	AR20130000760
___________________________________________________________________________

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 that 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 was self-medicating through the use of drugs in order to deal with the stressors of the military environment.  He had never used drugs before joining the Army.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		7 January 2013
b. Discharge received:			General, Under Honorable Conditions
c. Date of Discharge:			5 March 2003
d. Reason/Authority/SPD/RE:		Misconduct, AR 635-200, paragraph 14-12c(2)
					JKK, RE-4
e. Unit of assignment:			B Battery, 1st Bn, 7th ADA Regiment, Fort Bliss, TX
f. Current Enlistment Date/Term:	29 March 2001, 3 years 		
g. Current Enlistment Service:	1 year, 11 months, 7 days
h. Total Service:			1 year, 11 months, 7days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	77F10, Petroleum Supply Specialist
m. GT Score:				94
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		Yes
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the US Army on 20 March 2001, for a period of 3 years.  He was 25 years old at the time of entry and a high school graduate.  He completed almost two years of active duty service.  At the time of initiation of his discharge proceedings he was serving at Fort Bliss, TX.  His record does not show any significant awards or acts of valor.



SEPARATION FACTS AND CIRCUMSTANCES

1.  The service record shows the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for the commission of a serious offense; specifically for wrongfully using cocaine.  He advised the applicant of his rights.

2.  The applicant’s election of rights memorandum is contained in the available record and it appears the applicant signed the document but did not make a selection in regards to the rights available to him and left them blank.  The unit commander described the applicant’s rights to him in the notification memorandum.  The unit commander recommended separation from the Army and waiver of further rehabilitative efforts.  

3.  The approval document from the separation authority is not contained in the service record and the presumption of government regularity prevails in the discharge process.

4.  The applicant’s DD form 214 shows he was discharged from the Army on 12 April 2005, for misconduct, under the provisions of paragraph 14-12c(2), with a SPD code of JKK and a RE code of 4.

5.  The service record does not contain any evidence of time lost.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  The applicant received a Field Grade Article 15 on 10 January 2003, for wrongful use of cocaine (021109-021209).  His punishment consisted of reduction to the grade of E-1, forfeiture of pay in the amount of $575.00 per month for 2 months, 45 days of extra duty and restriction.

2.  A Company Grade Article 15 dated 28 March 2002, for failing to report to his designated place of duty on two occasions (020304, 020312).  His punishment consisted of 14 days of extra duty and restriction.

3.  A urinalysis sample, dated 9 December 2002, coded as IU (Unit Inspection), which shows the applicant tested positive for cocaine (BZE).

4.  Five negative counseling statements dated between 11 December 2001 and 27 December 2002, for failing the Army Physical Fitness Test, malingering, and using illegal drugs.

5.  CID Report of Investigation dated 27 December 2002, indicating the applicant was a subject of investigation for wrongfully using cocaine.

EVIDENCE SUBMITTED BY THE APPLICANT 

None 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 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.  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.  

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 self-medicating through the use of drugs to deal with the stressors of the military environment.  However, the applicant had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review.  

5.  The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   The character of the applicant’s discharge is commensurate with his overall service record.  

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: Records Review    Date:   19 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: NA	
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	UOTH - Under Other Than                           			               Honorable
ADRB Case Report and Directive (cont)		AR 20130000760		

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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