IN THE CASE OF:  	

      BOARD DATE:  	5 June 2013

      CASE NUMBER:  	AR20130002049
___________________________________________________________________________

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 characterization from general, under honorable conditions to honorable and a change to the narrative reason for separation.

2.  He states, in effect, at the time of his separation he had just finished a tour in Afghanistan as a very young man.  He was dealing with the stress of being a Soldier and some family issues.  He failed one drug test out of dozens.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		22 January 2013
b. Discharge Received:		General, Under Honorable Conditions 
c. Date of Discharge:			8 March 2007
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), AR 635-200, Chapter 14 						paragraph 14-12c(2), JKK, RE-4
e. Unit of assignment:			864th Engineer Combat Battalion, Fort Lewis, WA
f. Current Enlistment Date/Term:	10 August 2004, 4 years
g. Current Enlistment Service:	2 years, 6 months, 14 days 
h. Total Service:			2 years, 6 months, 14 days
i. Lost time:				15 days
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3	
l. Military Occupational Specialty:	21W10, Carpentry/Mason
m. GT Score:				101
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia
p. Combat Service:			Afghanistan (050329-060327)
q. Decorations/Awards:		NDSM, ACM, GWOTSM, ASR, OSR, OSB-2
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 August 2004, for a period of 4 years.  He was 18 years old at the time of entry and a high school graduate.  He was trained in and awarded military occupational specialty (MOS) 21W10, Carpentry/Mason and achieved the rank of PFC/E-3. He was serving at Fort Lewis, WA, when his discharge was initiated.  His record also shows that he served a combat tour; however, he earned no personal awards and had no acts of valor or meritorious achievements.


SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence contained in the applicant’s service record indicates that on 13 February 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2) AR 635-200, by reason of misconduct-commission a of a serious offense.  Specifically for the following offenses: 

    a.  wrongfully using methylenedioxy-methamphetamine
         
    b.  willfully damaging his ID card
       
    c.  being AWOL x 2 (060711-060717) and (061226-070103)
         
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 14 February 2007, 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 with a general, under honorable conditions discharge. 

4.  In a memorandum dated 23 October 2006, the previous separation authority recommended the applicant be retained in the Army due to him being faithful through his service obligation.

5.  On 21 February 2007, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

6.  The applicant’s record of service indicates 15 days of time lost for being AWOL from          12 July 2006 through 17 July 2006, for 6 days and 27 December 2006 through 5 January 2007, for 9 days.  The applicant returned to the unit after each period of AWOL.

7.  The applicant was discharged from the Army on 8 March 2007, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for misconduct (drug abuse), a Separation Program Designator code (SPD) of JKK and a RE code of 4. 

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  An Article 15, dated 5 February 2007, for absenting himself from his unit (AWOL) (061226-070103); the punishment consisted of forfeiture of $300 pay x 2 months, extra duty for 45 days and restriction for 30 days (FG).



2.  An Article 15, dated 7 September 2006, for wrongfully using methylenedioxy-methamphetamine (060718-060724); and without proper authority, willfully damaging his military ID card by changing his date of birth (060804); the punishment consisted of forfeiture of $636 pay x 1 month, extra duty for 45 days and restriction for 45 days (FG).

3.  An Article 15, dated 28 July 2006, for absenting himself from his unit (AWOL) (060711-060717); the punishment consisted of reduction to E-1, forfeiture of $636 pay x 2 months, extra duty for 45 days and restriction for 45 days (FG).

4.  An Article 15, dated 3 March 2006, for without authority, failing to go at the time prescribed to his appointed place of duty x 4 (060126, 060128, 060129, 060210); and being disrespectful in deportment toward a noncommissioned officer (SSG BS), (060210); the punishment consisted of reduction to E-2 (suspended), forfeiture of $350 pay (suspended), and extra duty for 14 days (CG).

5.  On 6 March 2006, the suspension of punishment of reduction to E-2 and forfeiture of $350 pay was vacated for the new offense of without authority, failing to go at the time prescribed to his appointed place of duty (060312). 

6.  The record of evidence contains a Military Police Report, dated 5 August 2006, indicating he was under investigation for altering his ID card.

7.  The record of evidence contains a urinalysis report coded IU, dated 24 July 2006.

8.  He received 11 negative counseling statements that were completed on 26 January 2006 through 4 January 2007, for failing to report on numerous occasions, AWOL on divers occasions, wrongfully using illegal drugs, altering an ID card, insubordinate conduct towards an NCO, and disrespecting an NCO.

EVIDENCE SUBMITTED BY THE APPLICANT:  

The applicant provided an online application; DD Form 214; and Discharge Orders 057-0021.

POST-SERVICE ACTIVITY: 

The applicant did not provide any 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.

4.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (drug abuse).

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned a RE Code of 4.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge and a change to the narrative reason for separation was carefully considered.  However, after examining his military records, the issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge or a change to the narrative reason for separation.  

2.  The 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.  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.  The applicant’s record of service was marred by four Article 15s for violations of the Uniform Code of Military Justice, a vacation of punishment and 11 negative counseling statements.

3.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the misconduct or poor duty performance.  

4.  The applicant requested a change to the narrative reason for separation.  However, Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JKK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c(2), for drug offenses.  The regulation further stipulates that no deviation is authorized.  

5.  Further, the SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKK" will be assigned a RE Code of 4.  A RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment.  

6.  The applicant contends at the time of his separation he had just finished a tour in Afghanistan as a very young man.  The record shows the applicant met entrance qualification standards to include age.  There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service.

7.  The applicant further contends he was dealing with the stress of being a Soldier and some family issues.  However, he 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.  

8.  Further, the service record contains no evidence of him dealing with stress and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.  

9.  The applicant also contends he failed one drug test out of dozens.  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 of service.  

10.  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:  5 June 2012              Location: Washington, DC

Did the Applicant Testify:  No

Counsel:  No
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:		No Change































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)		AR20130002049

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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