IN THE CASE OF:  

      BOARD DATE:  	10 July 2013

      CASE NUMBER:  	AR20130003361
___________________________________________________________________________

		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 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 general, under honorable conditions discharge to honorable.

2.  The applicant states, in effect, that he is proud that he served his country and regrets the mistake he made in using marijuana while on leave that resulted in his discharge.  The Army Core Values and PT are still important to him to this day.  He made rank quickly to E-4 and was never a discipline problem.  While his unit was under a Stop-Loss Stop-Move he made a very bad decision to smoke marijuana while off duty and on leave.  He accepted responsibility for it and realized the wrong he did and the devastation it caused his family.  He was rightfully disciplined for his mistake.  When his original ETS date was approaching he was offered a release which he accepted.  He has been on a positive track ever since.  His discharge was not purely based on that incident.  He believes his discharge status should reflect his time of service as it was, honorable, and a great learning experience, and a time in his life he can be proud of.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		8 February 2013
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			29 September 2005		
d. Reason/Authority/SPD/RE Code:	Misconduct, Abuse of Illegal Drugs, AR 635-200 							Chapter 14-12c(2), JKK, RE-4	
e. Unit of assignment:			Rear Detachment, 249th General Hospital,            						Fort Gordon, GA			
f. Current Enlistment Date/Term:	30 October 2002, 3 years
g. Current Enlistment Service:	2 years, 11 months, 0 days
h. Total Service:			3 years, 1 months, 24 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	52C10, Utility Equipment Repairer
						25C10, Radio Operator/Maintainer
m. GT Score:				95
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, ASR, GWOTSM
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 30 October 2002, for a period of 3 years. He was 20 years old at the time of entry, a high school graduate, and completed 2 years, and         11 months of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 21 September 2005, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, chapter 14-12c, Commission of a Serious Offense. Specifically for:

	a.  testing positive for marijuana on 22 May 2005
	b.  testing positive for marijuana on 22 June 2005.

2.  Based on the above misconduct, the commander recommended a general, under honorable conditions discharge.

3.  On 22 September 2005, the applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 23 September 2005, the separation authority approved and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  Further, the separation authority directed the reason and authority for discharge would be paragraph 14-12c, Commission of a Serious Offense, AR 635-200, and SPD-JKK.  

5.  The applicant was separated on 29 September 2005, under Army Regulation 635-200, Chapter 14-12c(2), misconduct, abuse of illegal drugs with a general, under honorable conditions discharge, a SPD code of JKK, and a RE code of 4.   

6.  The applicant’s 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, IR, Inspection Random Sample, collected on 22 June 2005, marijuana. 
	
2.  An Article 15, dated 9 August 2005, for wrongfully using marijuana on (050522) and (050622).  The punishment consisted of reduction to the grade of E-3, forfeiture of $361 (suspended), to be automatically remitted if not vacated on (051105), 14 days of extra duty and restriction (suspended), to be automatically remitted if not vacated on (060204), (CG). 

3.  A negative counseling statement dated 26 July 2005, for positive marijuana test.

4.  A CID Report, dated 8 July 2005, that indicates the applicant was the subject of an investigation for wrongfully using marijuana.
      
EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, Personnel Action Form, 3 character letters from friends, certificate of achievement, and a DD Form 214.

POST-SERVICE ACTIVITY: 

None provided by the applicant.

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 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.  The applicant’s record of service was marred by an Article 15 for multiple violations 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 is proud to be a veteran and feels his service was honorable.  However, 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.  

5.  The records show the proper discharge and separation authority procedures were followed in this case.  

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:  10 July 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 Authority for Separation:		No Change
Change RE Code to:			No Change
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	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20130003361



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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