IN THE CASE OF:  	

      BOARD DATE:  	10 April 2013

      CASE NUMBER:  	AR20130001086
___________________________________________________________________________

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 is trying to get his educational benefits in order to go to school and further his education.  He feels the punishment he received did not fit the crime committed.   He was chaptered out after returning from a 12-month combat deployment to Afghanistan.  Shortly after post deployment block leave he failed a urinalysis for marijuana.  He admits that it was a stupid and foolish thing to do and is not making excuses for what he did.  He just feels the punishment did not fit the crime.  He was an E-4 fixing to get promoted to E-5, and a dedicated combat soldier.  He served 4 years in the Army and never had any disciplinary action not even a negative counseling. He received an Article 15 and thought he had paid for his indiscretion.  However, he was chaptered out of the Army on 3 July 2012 and given a General, Under Honorable conditions discharge and stripped of his benefits. He currently works 2 jobs but without an education other than a GED it is very difficult.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		11 January 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			3 July 2012
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), AR 635-200, paragraph
      14-12c(2), JKK, RE-4        
e. Unit of assignment:			B Troop, 4th Sqd, 4th Cav Rgt, Fort Riley, KS
f. Current Enlistment Date/Term:	24 March 2009, for 3 years and 18 weeks
g. Current Enlistment Service:	3 years, 3 months, 10 days
h. Total Service:			3 years, 3 months, 10 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4	
l. Military Occupational Specialty:	19D10, Cavalry Scout
m. GT Score:				103
n. Education:				GED
o. Overseas Service:			SWA
p. Combat Service:			Afghanistan (110126-120226)
q. Decorations/Awards:		PH, AAM-2, NDSM, ACM-2, GWOTSM, ASR, OSR						NM, CAB
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 24 March 2009, for a period of 3 years and 18 weeks.  He was 21 years old at the time of entry and had a high school equivalency (GED).  He was serving at Fort Riley, KS when his discharge was initiated.  He was awarded a PH, two AAMs, and a CAB.

SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence shows that on 31 May 2012, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for commission of a serious offense, abuse of illegal drugs, specifically for wrongfully using marijuana.

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 6 June 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action and did not submit a statement on his 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.  

4.  On 8 June 2012, 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 from the Army on 23 December 2008, for misconduct (drug abuse), under the provisions of Chapter 14-12c(2), with an RE code of 4.

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

7.  The record also contains a positive urinalysis coded as IR (Inspection Random), dated      27 February 2012, that was positive for marijuana.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  The applicant received a field grade Article 15, dated 24 April 2012, for wrongfully using marijuana (120207-120227); his punishment consisted of reduction to the grade of E-1, forfeiture of pay in the amount of $745.00 for two months, 45 days of extra duty and restriction.

2.  One negative counseling dated 16 March 2012, for being positive for marijuana on a unit urinalysis.

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 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 had good service which included a combat tour.  The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by his serious offense of abusing an illegal drug.  

5.  The applicant requests an upgrade of his discharge in order to allow him educational benefits through the use of the GI Bill.  However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

6.  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.  

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: Records Review	  Date:   10 April 2013       Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: No

Witnesses/Observers: NA 

Board Vote:
Character  	Change:  1	No Change:  4
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 20120014472

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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