IN THE CASE OF:  	Mr. 

      BOARD DATE:  	12 July 2013	

      CASE NUMBER:  	AR20130002734
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant’s record of service during the period of enlistment under review and the Discussion and Recommendation that follows, the Board noted that the government introduced a document into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for substance abuse.  This is limited use information as defined in AR 600-85.  Use of this information mandates award of an honorable discharge.  Accordingly, the Board voted to change the characterization of service to honorable.  The Board found the reason for discharge was fully supported by the record and voted not to 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.  The applicant states, in effect, that he served two tours in combat, one in Iraq in 2005, for eight months and one in Afghanistan in the month of January 2006 until January 2007.  He started smoking marijuana to cope after seeing the killings in Afghanistan because he thought that it would keep him sane.  

3.  The first time he was diagnosed with Post Traumatic Stress Disorder (PTSD) was in October 2009, and when he left the military, he still had problems and was diagnosed with chronic PTSD.  He is now in therapy for his PTSD and also in treatment for substance abuse.  He would like to use the Post 9/11 GI Bill. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		4 February 2013
b. Discharge received:			General, under honorable conditions
c. Date of Discharge:			26 June 2007
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), AR 635-200, 14-12c(2) 						JKK, RE-4
e. Unit of assignment:			D Company, 3rd Battalion, 10th Aviation Regiment  
(GSAB), 10th Mountain Division (Light Infantry) 
Fort Drum, NY 
f. Current Enlistment Date/Term:  	3 February 2005, 4 years
g. Current Enlistment Service:  	2 years, 4 months, 24 days
h. Total Service:			2 years, 4 months, 24 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	92A10, Automated Logistical Specialist
m. GT Score:				96
n. Education:				HS Graduate
o. Overseas Service:			SWA
p. Combat Service:			Afghanistan (060208-070130)
q. Decorations/Awards:		NDSM, ACM, NATO MDL, ASR, OSR
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		None
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 3 February 2005, for a period of 4 years.  He was 20 years old at the time of entry and a high school graduate.  At the time his discharge proceedings was initiated he was stationed at Fort Drum, New York.  His record documents the award of the NDSM, ACM, and the NATO Medal.  He served a combat tour in Afghanistan.  Additionally, the applicant stated in his issue that he served in Iraq in 2005.  However, there are no documents in the record to substantiate the applicant’s claim. 

SEPARATION FACTS AND CIRCUMSTANCES

1.  The record shows that on 6 June 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), specifically for wrongfully using marijuana. 
      
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 June 2007, the applicant waived legal counsel 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 11 June 2007, the separation authority directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

5.  On 26 June 2007, the applicant was discharged, for misconduct (drug abuse), under the provisions of AR 635-200, Chapter 14-12c (2), with an SPD code of JKK and an RE code of 4.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  There are no counseling statements in the record.

2.  A Field Grade Article 15 for wrongfully using marijuana on or about (070310).  His punishment consisted of a forfeiture of pay in the amount of $400.00 pay per month for 2 months, forfeiture of $250.00 pay per month for two months, suspended, reduction to Private (E-1), extra duty and restriction for 30 days and an oral reprimand.  

EVIDENCE SUBMITTED BY THE APPLICANT 

A self authored statement dated 30 January 2013, copy of his medical record dated 15 October 2009.

POST-SERVICE ACTIVITY: 

None provided by the applicant 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.  After a careful review of all the applicant’s military records, the issue and documents submitted with the application, the characterization of service is improper.  

2.  The record confirms the government introduced a document into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for substance abuse.  This is limited use information as defined in AR 600-85.  Use of this information mandates award of an honorable discharge.   

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

Did the Applicant Testify?  No

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)		AR20130002734		

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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