IN THE CASE OF:  	Mr. 

      BOARD DATE:  	9 August 2013

      CASE NUMBER:  	AR20130003340
___________________________________________________________________________

Board Determination and Directed Action

1.  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 characterization of service was too harsh based on the applicant’s length and quality of his service to include his service with contingency operations and as a result it is inequitable.  

2.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  This action entails restoration of grade to   E-4/SPC.

3.  Further, the Board voted to change the applicant’s authority for discharge, separation code, and reentry code on the basis of equity as it had been approved by the separation authority.  

4.  The Board directed the DD Form 214 be reissued with the following changes:

      a. block 24, characterization changed to general, under honorable conditions 
      b. block 25, separation authority changed to AR 635-200, paragraph 14-12c
      b. block 26, separation code changed to JKQ
      c. block 27, reentry code changed to 3




      
      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 to upgrade his characterization of service from under other than honorable to fully honorable.  

2.  The applicant states, in effect, that he made a bad desperate decision, which led to his discharge because mentally, he could not handle it any longer.  He was desperate to get out; he was not sure where to turn or what to do.  The things he saw and experienced changed his life forever, which are affecting him to this day.  He has seen Soldiers having issues with the infidelities of their spouses.  He was in a relationship, had a daughter, and it made him very suspicious.  He has serious trust issues to this day.  In addition, three Soldiers in the unit he was supposed to deploy with were killed in combat that has caused him to have terrible feelings of guilt, because he was not there.  He is trying to be strong and fight his feelings, but thoughts of guilt, suicide, anger, and anxiety are becoming overwhelming.  

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	11 February 2013
	b.	Discharge Received:	Under Other Than Honorable Conditions
	c.	Date of Discharge:	25 April 2003
	d.	Reason/Authority/SPD/RE Code:	Misconduct, AR 635-200, Paragraph 14-12c(2), 
			JKK, RE-4
	e.	Unit of assignment:	F Trp, 2nd Sqdn, 3rd ACR, Fort Carson, CO
	f.	Current Enlistment Date/Term:	23 August 2001, 2 years, 2 months
	g.	Current Enlistment Service:	1 year, 8 months, 3 days
	h.	Total Service:	8 years, 1 month, 20 days
	i.	Time Lost:	None
	j.	Previous Discharges:	DEP (950306-950828) / NA
			RA    (950829-980517) / HD
			RA    (980518-010822) / HD
	k.	Highest Grade Achieved:	E-5
	l.	Military Occupational Specialty:	11C10, Indirect Fire Infantryman
	m.	GT Score:	101
	n.	Education:	HS Graduate
	o.	Overseas Service:	SWA (980818-981130), (010119-010727)
	p.	Combat Service:	None
	q.	Decorations/Awards:	ARCOM; AGCM-2; NDSM; AFEM; MOVSM; NPDR; 
			ASR; OSR; MFOM
	r.	Administrative Separation Board: 	No
	s.	Performance Ratings:	Yes
	t.	Counseling Statements:	No
	u.	Prior Board Review:	No




SUMMARY OF SERVICE:  

The applicant enlisted in the Regular Army on 29 August 1995, and executed a second reenlistment on 23 August 2001 for a period of 2 years and 2 months.  He was 20 years old at the time of his initial entry and a high school graduate.  He served in Southwest Asia during two separate periods.  He earned an ARCOM, and completed 7 years, 7 months, and 27 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record shows that on 20 December 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct—commission of a serious offense, for receiving a Field Grade Article 15 for wrongfully using cocaine (021014-021021).

2.  The unit commander recommended an under other than honorable conditions discharge and advised the applicant of his rights.

3.  On 4 April 2003, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation 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 an under other than honorable conditions discharge.  

4.  On 9 April 2003, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of under other than honorable conditions.

5.  The applicant was discharged from the Army on 25 April 2003, with a characterization of service of an under other than honorable conditions under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for misconduct, a Separation Program Designator code (SPD) of JKK and an RE code of 4. 

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  There is a positive urinalysis report contained in the record:  IU, Inspection Unit, 21 October 2002, cocaine.

2.  Article 15, dated 19 December 2002, wrongful use of cocaine (020921-011021).  The punishment consisted of reduction to the grade of E-4, forfeiture of $876 per month for two months, 45 days of extra duty and restriction, (FG). 
3.  Four NCOERs for the following period:

	a.	June 2002 to December 2002 - the applicant was rated as “Marginal” and received 5/4 from the senior rater (SR).

	b.	June 2001 to May 2002 – the applicant was rated as “Among the Best” and received 1/1 from the SR.

	c.	June 2000 to May 2001 – the applicant was rated as “Among the Best” and received 1/1 from the SR.

	d.	July 1999 to May 2000 – the applicant was rated as “Among the Best” and received 1/1 from the SR. 

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided no additional evidence.

POST-SERVICE ACTIVITY: 

The applicant provided none.

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 documents, 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 noncommissioned officer.  The applicant, as an NCO, 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 a general, under honorable conditions and an honorable discharge.  The applicant’s record of service was marred by an Articles 15 for violation of the Uniform Code of Military Justice.

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 had mental health and family issues that affected his behavior and ultimately caused him to be discharged.  However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review.  

5.  Regarding the applicant’s mental health issues, such as PTSD, depression, and anxiety, his service record does not contain documentation that supports a diagnosis of in-service Post-Traumatic Stress Disorder (PTSD) 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.  Accordingly, the records show the proper discharge and separation authority procedures were followed in this case.  

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:  9 August 2013      Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel:  None

Witnesses/Observers:  NA 

Board Vote:
Character Change:  4	No Change:  1
Reason Change:	4	No Change:  1
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		Yes
Change Characterization to:	General, Under Honorable Conditions
Change Reason to:			No Change
Change Authority for Separation:	AR 635-200, Paragraph 14-12c
Change RE Code to:		NA
Grade Restoration to:		E-4/SPC
Other:  				Separation Program Designator (SPD) Code to JKQ




















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)		AR20130003340



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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