IN THE CASE OF:  	

      BOARD DATE:  	3 June 2013
	
      CASE NUMBER:  	AR20130002067
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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 that his general, under honorable conditions discharge be changed to honorable.  

2.  The applicant states, in effect, that he served honorably and his discharge is based on one isolated incident that occurred while he was on block leave.  He would like to return to the military; however, if that is not possible he does not want his discharge to hinder him in seeking future employment.  
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		25 January 2013		
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			17 June 2011		
d. Reason/Authority/SPD/RE Code:	In Lieu of Trial by Court-Martial, AR 600-8-24 								paragraph 3-13, DFS, NA					
e. Unit of assignment:			Headquarters and Headquarters Company,              						2d Battalion, 11th Infantry Regiment, 199th Infantry 						Brigade, Fort Benning, GA 	
f. Current Entry Date/Term:		14 September 2010, (4 years per ORB)
g. Current Service:			0 years, 9 months, 4 days
h. Total Service:			0 years, 9 months, 4 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		O-1
l. Military Occupational Specialty:	None
m. GT Score:				NA
n. Education:				College Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant’s pay-entry basic date is reflected as 14 September 2010, at that time he was 22 years old, and a college graduate.  He completed 9 months, and 4 days of active duty service.


SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 28 January 2011, the applicant was charged with wrongfully using marijuana (101204 - 110104).  

2.  On 14 February 2011, the applicant consulted with legal counsel and voluntarily tendered his resignation from the Army in writing, under the provisions of Chapter 3, AR 600-8-24, for the good of the Service in lieu of trial by a general court-martial or a board of officers.   The applicant indicated he understood that he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veteran’s benefits.  The chain of command recommended approval of the resignation for the good of the Service with issuance of a general, under honorable conditions discharge.  

3.  The Ad Hoc Review Board recommended that the applicant’s resignation be accepted with issuance of a general, under honorable conditions discharge.  

4.  On 24 May 2011, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board 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 17 June 2011, with a characterization of service of general, under honorable conditions.

6.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.   There is a positive urinalysis report contained in the record coded IU, Inspection Unit, dated, 4 January 2011; marijuana.

2.  Two copies of a negative counseling statement dated 20 January 2011, for a positive drug test.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 with a self-authored statement, DD Form 149, Oath of Office, 4 military letters of recommendation, Basic Combatives Course Certificate of Completion, Airborne Course Diploma, and a DD Form 214.    

POST-SERVICE ACTIVITY: 

The applicant states he has earned a second degree in criminal justice.



REGULATORY AUTHORITY:

1.  Army Regulation 635-100 sets forth the basic authority for the separation of commissioned and warrant officers from the active Army.  Chapter 3, Section XV establishes policy and procedures for involuntary relief from active duty.  Paragraph 3-58(g) provides that an officer who is found guilty, or action is taken tantamount to a finding of guilty, in a Federal or State court may be immediately released from active duty by the Secretary of the Army, when the offense is punishable under the UCMJ with confinement of 1 year or more, or when the offense involves moral turpitude, regardless of the sentence received or the maximum punishment under any code.  

2.  Army regulation 600-8-24 prescribes the policies and procedures governing the transfer and discharge of Army officers.  Chapter 3, paragraph 3-13 outlines the rules for processing requests for resignation for the good of the Service in lieu of trial by a general court-martial.

3.  A discharge under other than honorable conditions is an administrative separation from the service under conditions other than honorable.  An officer will normally receive an under other than honorable conditions when they resign for the good of the service, are dropped from the rolls of the Army, are involuntarily separated due to misconduct, moral or professional dereliction, or for the final revocation of a security clearance as a result of an act or acts of misconduct.

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 "DFS" as the appropriate code to assign commissioned Soldiers who are discharged under the provisions of Army Regulation 600-8-24, Chapter 3-13, In Lieu of Trial by Court-Martial.

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

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 record of service, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The record indicates the applicant was charged with the commission of offenses punishable under the Uniform Code of Military Justice with a punitive discharge.  The applicant voluntarily requested resignation in lieu of trial by general court-martial under the provisions of Chapter 3, AR 600-8-24.  The appropriate authority approved the applicant's request and issuance of a general, under honorable conditions characterization of service.  By the misconduct, the applicant diminished the overall quality of his service below that meriting a honorable discharge.  

3.  The applicant contends that he served honorably and the incident that caused his discharge was a single incident.  Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states 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 incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline.  

4.  The applicant has indicated his desire to rejoin the military.  If the applicant desires to rejoin the Army, he should contact a local recruiter to determine his eligibility.  Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry, if appropriate. 

5.  The applicant contends that since leaving the Army he has earned a second degree in criminal justice.  The applicant’s post-service accomplishment has been noted as outlined on the application.  However, in review of the applicant’s entire service record and the reasons for the discharge, it appears this accomplishment did not overcome the reason for discharge and characterization of service granted.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  

6.  The records show the proper discharge and separation authority procedures were followed in this case. 

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: Personal Appearance	  Date:    3 June 2013 	Location: Washington, DC

Did the Applicant Testify?  Yes 

Counsel: None

Witnesses/Observers:  Yes  

DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

1.  The applicant submitted the following additional documents:

	a.  Five Letters of  Recommendation
	b.  Character Witness Statement
	
In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing.

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 Authority for Separation:		No Change
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)		AR20130002067



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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