IN THE CASE OF:  	Mr. 

      BOARD DATE:  	12 July 2013

      CASE NUMBER:  	AR20130002508
___________________________________________________________________________

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 that 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 from general, under honorable conditions to honorable.  

2.  The applicant states, in effect, that he was discharged after failing an urinalysis test.  He served in a war zone in Iraq for 12 months and suffers from Post Traumatic Stress Disorder (PTSD).  He was self medicating and was never advised of the medical and or mental health assistance that may have been available to him.  Since his discharge he has sought treatment at the Oklahoma City VA Medical Center for his PTSD symptoms and he is currently receiving medication from the VA center and counseling.  His PTSD symptoms are under control at this time with the help he receives from the VA medical center.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		4 February 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			22 September 2011
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), AR 635-200, 14-12c(2) 						JKK, RE-4        
e. Unit of assignment:			B Company, 2nd Battalion, 7th Infantry Regiment,
1st Heavy Brigade Combat Team, 3rd Infantry Division
Fort Stewart, GA
f. Current Enlistment Date/Term:	22 July 2008, 3 years and 16 weeks
g. Current Enlistment Service:	3 years, 9 days
h. Total Service:			3 years, 9 days
i. Time Lost:				55 days
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4	
l. Military Occupational Specialty:	11B10, Infantryman
m. GT Score:				94
n. Education:				GED
o. Overseas Service:			SWA
p. Combat Service:			Iraq (091219-101210)
q. Decorations/Awards:		NDSM, GWOTSM, ICM-CS, 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 22 July 2008, for a period of 3 years and 16 weeks.  He was 17 years old at the time of entry and had a high school equivalency (GED).  He was serving at Fort Stewart, GA when his discharge was initiated and his record documents no acts of valor or significant achievement.  

SEPARATION FACTS AND CIRCUMSTANCES

1.  On 1 September 2011, the evidence shows that the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c (2), AR 635-200, for misconduct-abuse of illegal drugs, specifically for testing positive for marijuana on or about 3 March 2011 and on 10 June 2011.

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 1 September 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board although he was not entitled to such a board 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 of the separation with a general, under honorable conditions discharge.  

4.  On 14 September 2011, the separation authority directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

5.  The applicant was discharged from the Army on 22 September 2011, for misconduct (drug abuse), under the provisions of Chapter 14-12c (2), a Separation Program Designator code (SPD) of JKK and an RE code of 4.  

6.  The service record shows a period of AWOL from (110415-110609) for a total of 55 days.  The mode of the applicant’s return from this period of AWOL is unknown. 

7.  The record contains three drug test’s coded as IU (Inspection Unit), dated 2 February 2011, IO (Inspection Other), dated 10 June 2011, and IR (Inspection Random) dated 3 March 2011, which the applicant tested positive for marijuana.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  The applicant received a field grade Article 15, dated 1 July 2011, for wrongfully using marijuana x 2, (110103-110202); (110201-110303); his punishment consisted of 45 days of extra duty and restriction.

2.  One negative counseling dated 21 March 2011, for being positive for marijuana on a unit urinalysis coded (IU).

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant did not provide any for the board’s consideration.

POST-SERVICE ACTIVITY: 

The applicant did not provide any for the board’s consideration.

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 service record 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 that 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 service his below that meriting an honorable discharge.  

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 he served in a war zone in Iraq for 12 months and suffers from Post Traumatic Stress Disorder (PTSD).  He was self medicating and was never advised of the medical and or mental health assistance that may have been available to him.  The applicant’s service accomplishments to include his combat tour and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by his serious offenses of abusing an illegal drugs.    

5.  The record shows that on 23 March 2011, the applicant underwent a mental status evaluation which indicates he had the mental capacity to understand and participate in the proceedings, with thought content as clear, and was able to recognize right from wrong.  He completed the scales for PTSD and TBI and did not indicate he was experiencing any symptoms of PTSD or TBI.  The applicant was cleared for any administrative action deemed appropriate by the command.  Further, the service record contains no evidence of Post-Traumatic Stress Disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.  

6.  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.  

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:  Records Review	Date:  12 July 2013       Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel: NA

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	UOTH - Under Other Than                           			               Honorable
ADRB Case Report and Directive (cont)		AR 20130002508

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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