IN THE CASE OF:  	

      BOARD DATE:  	21 June 2013

      CASE NUMBER:  	AR20130002731
___________________________________________________________________________

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 an upgrade would allow him to get a decent job and the GI Bill.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		7 February 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			10 March 2011
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), AR 635-200, 14-12c(2)						JKK, RE-4        
e. Unit of assignment:			RD, 1st Bn, 22d IN Regiment, Fort Carson, CO
f. Current Enlistment Date/Term:	5 September 2008, 5 years and 15 weeks
g. Current Enlistment Service:	2 years, 4 months, 3 days
h. Total Service:			2 years, 7 months, 23 days
i. Time Lost:				62 days
j. Previous Discharges:		ARNG (080515-080904), UNC
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	63B10, Wheel Vehicle Mechanic
m. GT Score:				113
n. Education:				GED
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, GWOTSM, ASR, VUA
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes	
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
After serving in the Army National Guard for a short period, the applicant enlisted in the Regular Army on 5 September 2008, for a period of 5 years and 15 weeks.  He was 22 years old at the time of entry and had a high school equivalency (GED).  He was serving at Fort Carson, CO when his discharge was initiated.  His record does not contain any meritorious achievements, significant awards, or acts of valor.  



SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence of record shows that on 11 February 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph       14-12c, AR 635-200, for the commission of serious offenses, specifically for:

      a. Wrongfully using marijuana (091025-091125)
      b. Wrongfully using cocaine (091120-091125)
      c. AWOL (100826-100922)
      d. AWOL (101014-101103)

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 15 February 2011, the applicant waived 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 of the separation with a general, under honorable conditions discharge.  

4.  On 23 February 2011, 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 10 March 2011, for misconduct (drug abuse), under the provisions of AR 635-200, paragraph 14-12c(2), with a SPD Code of JKK and a RE code of 4.

6.  The service record shows 62 days of time lost for 3 periods of AWOL. The first one for 28 days (100826-100922), he surrendered.  The second period of AWOL for 18 days (101014-101103) and the third period of AWOL for 16 days (101117-101202).  The mode of return for the last 2 periods of AWOL is not contained in his record.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  Field Grade Article 15 issued on 7 February 2011, for being AWOL 2 times (100826-100922 and 101014-101103).  His punishment consisted of forfeiture of pay in the amount of $733.00 per month for 2 months, 45 days of extra duty and 45 days of restriction (suspended).

2.  Field Grade Article 15 issued on 8 March 2010, for wrongfully using marijuana (091025-091125), and wrongfully using cocaine (091120-091125).  His punishment consisted of reduction to the grade of E-1, forfeiture of pay in the amount of $699.00 per month for 2 months (suspended), and 45 days of extra duty.

3.  The record also contains a positive urinalysis for cocaine and marijuana, which was coded as IR (Inspection Random), dated 30 November 2009.

4.  Eight negative counseling statements dated between 6 April 2010 and 3 November 2010, for offenses related to possession of drug paraphernalia, failure to report on multiple occasions, disobeying lawful orders, positive urinalysis, and intent to initiate discharge proceedings.  

5.  A Military Police blotter dated 1 September 2010, showing the applicant’s return from AWOL status.

EVIDENCE SUBMITTED BY THE APPLICANT 

None provided with the application.

POST-SERVICE ACTIVITY: 

None 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 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 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.  

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.  The applicant’s record of service was marred by 2 Field Grade Article 15s and several negative counseling statements for multiple violations of the Uniform Code of Military Justice.

4.  The applicant contends that an upgrade of his discharge would allow him to obtain better employment and the benefits of the GI Bill.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.  

5.  Moreover 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.

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 June 2013          	 Location: Washington, DC

Did the Applicant Testify?  No

Counsel:  None




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 RE Code to:			No Change
Grade Restoration to:			NA
Change Authority for Separation:		No Change
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 Conditions
ADRB Case Report and Directive (cont)		AR 20130002731

2



ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1