IN THE CASE OF:  	Mr. 

      BOARD DATE:  	21 August 2013

      CASE NUMBER:  	AR20130002089
___________________________________________________________________________

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 that his general, under honorable conditions discharge be upgraded to honorable.

2.  The applicant states, in effect, that an upgrade of his discharge would allow him to be able to use his GI Bill benefits and serve in the military again.  He contends that since his discharge he has learned his lesson about drugs.  He founds it an embarrassment having to explain the reason why he doesn't have an honorable discharge.  He made a mistake and does not think he should have been discharged.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		25 January 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			27 July 2010
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), AR 635-200, Chapter 14, 						paragraph 14-12c(2), JKK, RE-4
e. Unit of assignment:			C Troop, 6th Sqd, 9th Cav Rgt, 3d BCT, 1st Cav Div, 						Fort Hood, TX
f. Current Enlistment Date/Term:	25 August 2007, 4 years and 18 weeks
g. Current Enlistment Service:	3 years, 1 month, 3 days
h. Total Service:			3 years, 1 month, 3 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:				119
n. Education:				GED
o. Overseas Service:			Southwest Asia
p. Combat Service:			Iraq (period of service was not found in the record)
q. Decorations/Awards:		ARCOM, AAM, ICM-w/1CS, NDSM, GWOTSM, ASR,						OSR, MUC
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 25 August 2007, for a period of 4 years and     18 weeks.  He was 18 years old at the time of entry and had a high school equivalency (GED).  He served in Iraq and achieved the rank of E-4.  He earned an ARCOM and AAM and completed 3 years, 1 month, and 3 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

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

a. testing positive for marijuana, cocaine, and ecstasy (100420)

b. using reproachful words (090508)

c. missing movement (090623)

2.  Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights..

3.  The applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action and indicated his intention to submit a statement which was not found in the record.  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 21 July 2010, 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 27 July 2010, 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), with a Separation Program Designator code (SPD) of JKK and an RE code of 4. 

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.  Article 15, dated 23 May 2009, for the wrongful use of reproachful words (090508).  The punishment consisted of reduction to the grade of E-2, forfeiture of $366, and extra duty for    14 days (CG).

2.  Article 15, dated 3 July 2009, for missing the movement of Chrome 32 (090623).  The punishment consisted of reduction to the grade of E-1 and forfeiture of $326.00 pay (CG).

3.  Article 15, dated 24 May 2010, for the wrongful use of marijuana between (100322 and 100420), wrongful use of cocaine between (100414 and 100420), and wrongful use of ecstasy between (100414 and 100420).  The punishment consisted of reduction to the grade of E-1, forfeiture of $723.00 pay for one month, extra duty for 30 days, and restriction for 30 days (FG).

4.  Two negative counseling statements dated between 11 May 2009 and 29 April 2010, for using provoking speeches or gestures and testing positive on a urinalysis.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided no additional documents. 

POST-SERVICE ACTIVITY: 

None were 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 record of service, his military records 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 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 3 Article 15's for multiple violations of the Uniform Code of Military Justice and two negative counseling statements.

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 an upgrade of his discharge would help with job opportunities and the use of his GI Bill benefits, and to serve in the military again.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.  At the time of discharge the applicant was appropriately assigned an RE code of 4.  An RE code of 4 cannot be waived and the applicant is not eligible to reenlist.  Further, 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.

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: 21 August 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)		AR20130002089



Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1