IN THE CASE OF:  	Mr. 

      BOARD DATE:  	21 June 2013

      CASE NUMBER:  	AR20130002956
___________________________________________________________________________

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 for a one time offense but he served proudly for 3 years which included a 1-year deployment to Afghanistan.  He now works as a chef and was recently promoted to kitchen manager for his hard work and dedication.  He would like to attend college and earn a degree in business management and make his family proud.  He apologizes for the actions that led to his discharge from the Army.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		7 February 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			26 July 2012
d. Reason/Authority/SPD/RE:		Misconduct (Drug Abuse), AR 635-200, 14-12c(2), 						JKK, RE-4        
e. Unit of assignment:			A Co, 710th Brigade Support Bn, Fort Drum, NY
f. Current Enlistment Date/Term:	12 August 2009, 3 years and 18 weeks
g. Current Enlistment Service:	2 years, 11 months, 12 days
h. Total Service:			2 years, 11 months, 12 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	88M10, Motor Transport Operator
m. GT Score:				104
n. Education:				HS Graduate
o. Overseas Service:			SWA
p. Combat Service:			Afghanistan (110329-120304)
q. Decorations/Awards:		ARCOM, AAM, NDSM, ACM-2, GWOTSM, ASR, 						OSR, NATO MDL
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 12 August 2009, for a period of 3 years and 18 weeks.  He was 21 years old at the time of entry and was a high school graduate.  He was serving at Fort Drum, NY when his discharge was initiated.  His record contains several awards including an ARCOM, an AAM, and a NATO Medal.  He served a combat tour in Afghanistan between March 2011 and March 2012.

SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence of record shows that on 18 June 2012, 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 the commission of serious offenses, specifically for wrongfully using cocaine (120325-120328).
      
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 19 June 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted 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 3 July 2012, 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 26 July 2012, for misconduct (drug abuse), under the provisions of AR 635-200, paragraph 14-12c(2), with an SPD Code of JKK and an RE code of 4.

6.  The service record contains no evidence of time lost.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  Field Grade Article 15, issued on 4 May 2012, for wrongfully using cocaine (120325-120328).  His punishment consisted of reduction to the grade of E-1, forfeiture of pay in the amount of $745.00 per month for 2 months (1 month suspended), 45 days of extra duty and an oral reprimand.

2.  Results of a positive urinalysis for cocaine, which was coded as IR (Inspection Random), dated 29 March 2012.  

3.  One counseling statement dated 30 April 2012, for being positive on a unit urinalysis.

EVIDENCE SUBMITTED BY THE APPLICANT 

None provided with the application.



POST-SERVICE ACTIVITY: 

The applicant states he works as a chef and was recently promoted to kitchen manager.

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, the document, 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 a Field Grade Article 15s for wrongfully using cocaine.

4.  The applicant contends he was discharged for a one time offense but he served proudly for 3 years which included a 1-year deployment to Afghanistan.  He now works as a chef and was recently promoted to kitchen manager for his hard work and dedication.  He would like to attend college and earn a degree in business management and make his family proud.  He apologizes for the actions that led to his discharge from the Army.

5.  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.  

6.  The applicant’s service accomplishments including his combat tour and the quality of his service prior to the incident that caused the initiation of discharge proceedings 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 the seriousness of the applicant’s incident of misconduct.

7.  The applicant’s post-service accomplishments have been noted as outlined on the application.  However, in review of the applicant’s entire service record and the reason for the discharge, it appears these accomplishments did not overcome the reason for discharge and the characterization of service granted.  

8.  Finally, 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

9.  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?  NA 

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:		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 Conditions
ADRB Case Report and Directive (cont)		AR 20130002956

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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