IN THE CASE OF:  	Mr. 

      BOARD DATE:  	7 June 2013

      CASE NUMBER:  	AR20130002105
___________________________________________________________________________

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 characterization of service was improper.  The record confirms the government introduced into the discharge packet a counseling statement which disclosed the Soldier had self referred to the Army Substance Abuse Program (ASAP) violated the limited use policy.  This is limited use information as defined in AR 600-85 and mandates award of an honorable characterization of service.  Accordingly, the Board voted to grant full relief and upgrade the characterization of service to Honorable.  However, the reason for discharge was found proper and equitable and the Board voted not the change it.   




      
      
      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.  He states, in effect, he was discharged for issues which began after a distinguished year long combat tour; before his discharge he was an exemplary Soldier.  He should be judged on his entire service record and not a single incident.  He was not in his right mind and something psychologically was wrong with him.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		31 January 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			8 June 2010
d. Reason/Authority/SPD/RE Code:	Misconduct (Drug Abuse), AR 635-200, Chapter 14, 						paragraph 14-12c(2), JKK, RE-4
e. Unit of assignment:			HHC, 1-24th  Infantry Regiment, Fort Wainwright, AK 
f. Current Enlistment Date/Term:	14 November 2007, 4 years
g. Current Enlistment Service:	2 years, 6 months, 25 days
h. Total Service:			2 years, 7 months, 20 days
i. Time Lost:				None
j. Previous Discharges:		USAR-(071019-071113)/NA
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	68W10, Health Care Specialist
m. GT Score:				105
n. Education:				GED Certificate
o. Overseas Service:			Alaska/Southwest Asia
p. Combat Service:			Iraq (080920-090913)
q. Decorations/Awards:		ARCOM, NDSM, ICM-W/2 CS, GWOTSM, ASR,						OSR, CMB
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		Yes
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 14 November 2007, for a period of 4 years.  He was 18 years old at the time of entry with a GED Certificate.  He was trained in and awarded military occupational specialty (MOS) 68W10, Health Care Specialist.  He was serving at Fort Wainwright, AK, when his discharge was initiated.  His record also shows he served a combat tour and earned several awards including an ARCOM and a CMB.



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 6 May 2010, 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-abuse of illegal drugs.  Specifically for the following offenses:

     a.  wrongfully possessing a certain amount of marijuana (100120)

     b.  being derelict in the performance of his duties (100302)

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 11 May 2010, 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.  On 20 May 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’s record does not contain any documented evidence of unauthorized absences or lost time.

6.  The applicant was discharged from the Army on 8 June 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), a Separation Program Designator code (SPD) of JKK, with an RE code of 4. 

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  He received three negative counseling statements, two which were dated 2 March 2010 and one undated, for sleeping on duty, illegal drug use and adverse action related counseling for mental health.  

2.  A Field Grade Article 15, dated 16 March 2010, for being derelict in the performance of his duties by failing to stay awake while on duty as a road guard (100302); and wrongfully possessing a certain amount of Marijuana (100120); the punishment consisted of reduction to E-1, forfeiture of $723 pay x 2 months (suspended), extra duty for 45 days and restriction for 45 days.




EVIDENCE SUBMITTED BY THE APPLICANT:  

The applicant provided a DD Form 293; three Certificates of Achievement; two DA Form 4187s (Personnel Action); DA Form 638 (Recommendation for Award); News Article, Lightning Hero of the Day; ARCOM Citation; DD Form 214; and Discharge Orders 145-0200. 

POST-SERVICE ACTIVITY:  

The applicant stated he is enrolled in a university.

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 issues and documents submitted with the application, the characterization of service was improper.  

2.  The record confirms the government introduced into the discharge packet a counseling statement which disclosed the Soldier had self referred to the Army Substance Abuse Program (ASAP) violated the limited use policy.  This is limited use information as defined in AR 600-85 and mandates award of an honorable characterization of service.  
3.  The records show the proper discharge and separation procedures were not followed in this case.  

4.  Therefore, the characterization of service being improper, recommend the Board grant relief by upgrading the applicant’s characterization to honorable.  However, the reason for the discharge was fully supported by the record and remains both proper and equitable.   

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Record Review         Date:   7 June 2013            Location:  Washington, DC

Did the Applicant Testify:  NA

Counsel:  None

Witnesses/Observers:  NA
Board Vote:
Character  	Change:  5	No Change:  0
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:	Honorable
Change Reason to:			No Change
Change RE Code to:		NA
Grade Restoration to:		NA
Change Authority for Separation:	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)		AR20130002105



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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