IN THE CASE OF:  	Mr. 

      BOARD DATE:  	12 June 2013

      CASE NUMBER:  	AR20130002098
___________________________________________________________________________

Board Determination and Directed Action

1.  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 to be both proper and equitable and voted to deny relief.  

2.  However, notwithstanding the propriety of the applicant’s discharge, the Board found the applicant’s DD Form 214, block 27 contains the erroneous reentry code of 3.    

3.  In view of the error, the Board directed an administrative correction to block 27 to read     RE-4, as required by Army Regulations.  




      
      
      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 general, under honorable conditions discharge to honorable. 

2.  The applicant states, in effect, that his discharge is inequitable because it is based on one isolated incident that occurred in 48 months of service with no other adverse action.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			25 January 2013
b. Discharge Received:			General, Under Honorable Conditions
c. Date of Discharge:				14 August 2012
d. Reason/Authority/SPD/RE Code:		Misconduct, Drug Abuse, AR 635-200,  									Chapter 14-12c(2), JKK, RE-3
e. Unit of assignment:				E Company, 3rd Battalion, 2nd Air Defense 							Artillery, Fort Sill, OK		
f. Current Enlistment Date/Term:		22 July 2008, 4 years, 25 weeks
g. Current Enlistment Service:		4 years, 0 months, 23 days
h. Total Service:				4 years, 0 months, 23 days
i. Time Lost:					None
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-4
l. Military Occupational Specialty:		91B10, Wheeled Vehicle Mechanic
m. GT Score:					91
n. Education:					HS Graduate
o. Overseas Service:				SWA
p. Combat Service:				United Arab of Emirates (100619-110525)
q. Decorations/Awards:			ARCOM, AGCM, NDSM, GWOTEM, 									GWOTSM, MOVSM, ASR
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 22 July 2008, for a period of 4 years and 25 weeks.  He was 18 years old at the time of entry and a high school graduate.  He served in the United Arab of Emirates, earned an ARCOM and an ARGCM, and completed 4 years,             0 months, and 23 days of active duty service.


SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 14 May 2012, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12c(2), Misconduct-Abuse of Illegal Drugs; specifically for a positive urinalysis result of JWH-018 N-COOH and JWH-073 N-COOH, also known as Spice, a Level I Controlled Substance.
	
2.  Based on the above misconduct, the commander recommended a general, under honorable conditions discharge.

3.  On 18 May 2012, the applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his own 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.  On 30 May 2012, the separation authority approved and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  

5.  The applicant was separated on 14 August 2012, under Army Regulation 635-200, Chapter 14-12c(2), for misconduct (drug abuse), with a general, under honorable conditions discharge, an SPD code of JKK, and an RE code of 3.            

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Three negative counseling statements dated between 17 February 2012 and 4 April 2012, for being caught with possession of Illegal Drugs, recommendation for UCMJ action; bar to reenlistment, and a pending chapter from the military.
      
2.  A CID Report dated 22 February 2012, that indicates the applicant was the subject of an investigation for failing to obey a general order and wrongful possession of Spice. 

EVIDENCE SUBMITTED BY THE APPLICANT:

 The applicant provided two copies of a DD Form 293, an online application, ARBA correspondence, and two copies of a DD Form 214.

POST-SERVICE ACTIVITY: 

None were provided by the applicant.



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, 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 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.  By his misconduct, the applicant diminished the quality his service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by multiple negative counseling statements and a CID Investigation for violating the Uniform Code of Military Justice.

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 the incident that caused his discharge was the only one in his entire Army career.  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.  

5.  Moreover, the service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 3.  The discharge packet confirms the separation authority approved the discharge by reason of misconduct (abuse of illegal drugs).  AR 635-5-1, (Separation Program Designator Codes) and Cross Reference Table shows that a Soldier processed for misconduct (abuse of illegal drugs) will be assigned an SPD Code of JKK and an RE Code of 4.  

6.  Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief.  Further, recommend the Board administratively change block 27, reentry code to 4, as approved by the separation authority.   

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review		Date:  12 June 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:		Yes
Change Characterization to:	No Change
Change Reason to:			No Change
Change Authority for Separation:	NA
Change RE Code to:		4
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)		AR20130002098



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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