IN THE CASE OF:   

      BOARD DATE:  	26 April 2013

      CASE NUMBER:  	AR20130003795
___________________________________________________________________________

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 having difficulty obtaining employment and with an upgrade he could be entitled to educational benefits that he desperately needs.  At the time, his chain of command felt a discharge was more appropriate instead of allowing his treatment.  He never received any negative counseling’s and performed his duties exceptionally well.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		4 December 2012
b. Discharge Received:		General, Under Honorable Conditions	
c. Date of Discharge:			1 July 2010
d. Reason/Authority/SPD/RE:		Misconduct (Abuse of Illegal Drugs), AR 635-200
      paragraph 14-12c(2), JKK, RE-4
e. Unit of assignment:			D Co, 3d Bn, 509th Infantry Rgt, Fort Richardson, AK	
f. Current Enlistment Date/Term:	26 June 2008, 4 years and 19 weeks	
g. Current Enlistment Service:	2 years, 16 days
h. Total Service:			2 years, 16 days
i. Time Lost:				None
j. Previous Discharges:		None	
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	11B1P/ Infantryman
m. GT Score:				109
n. Education:				HS Graduate
o. Overseas Service:			Alaska, SWA
p. Combat Service:			Afghanistan (090301-100301)
q. Decorations/Awards:		ARCOM, NDSM, ACM-CS, GWOTSM, ASR, OSR 						NM, CIB
r. Administrative Separation Board: 	No
s. Performance Ratings:		None	
t. Counseling Statements:		None
u. Prior Board Review:			No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 26 June 2008, for a period of 4 years and 19 weeks.  He was 21 years old at the time of entry and a high school graduate.  He served for 2 years and 16 days and was discharged for misconduct, specifically for abusing illegal drugs.  His record shows he received an ARCOM and a CIB.  He served in combat between 1 March 2009 and 1 March 2010.
SEPARATION FACTS AND CIRCUMSTANCES

1.  The record shows that on 10 June 2010, the battalion commander notified the applicant of initiation of separation action under the provisions of AR 635-200, paragraph 14-12c, by reason of misconduct—commission of serious offense, for wrongfully using cocaine.

2.  Based on the above misconduct, the battalion commander recommended a general, under honorable conditions discharge and advised the applicant of his rights.  

3.  On 16 June 2010, 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 battalion commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  

4.  On 17 June 2010, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions under the provisions of AR 635-200, paragraph 14-12c(2).

5.  On 1 July 2010, the applicant was discharged from the Army with a general, under honorable conditions discharge, under authority of AR 635-200, paragraph 14-12c, a SPD code of JKQ, and a reentry code of 3.

6.  The record contains a DD Form 215 dated 10 August 2010 that corrects the applicant’s DD Form 214 as follows:
	
      a. item 12c to read 2 years, 0 months, 16 days
	b. item 26 to read JKK
	c. item 28 to read Misconduct (Abuse of Illegal Drugs)
	d. item 27 to read 4

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  A CID Report dated 3 May 2010 that indicates the applicant was the subject of an investigation for wrongfully possession and use of illegal drugs, specifically marijuana and cocaine.

2.  On 3 June 2010, the applicant accepted an Article 15, for wrongfully using cocaine (100314-100317); his punishment consisted of reduction to the grade of E-1, forfeiture of $723.00 pay per month for two months, and 45 days of extra duty and restriction (FG).

3.  A positive urinalysis report coded as IR (Inspection Random), dated 17 March 2010 which shows it was positive for cocaine.  


EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided an online application.

POST-SERVICE ACTIVITY: 

None were 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 his discharge characterization was carefully considered.  However, after examining the applicant’s record of service during the period of enlistment under review 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 that the applicant’s quality of service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a Soldier.  As a Soldier, the applicant had the duty to support and abide by the Army's drug policies and by abusing illegal drugs, he knowingly risked a military career and diminished the quality of his service below that meriting an honorable discharge.  

3.  The applicant contends that his chain of command decided to discharge him instead of allowing his rehabilitation.  However, AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements, states the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier.  The record does not contain any evidence of arbitrary or capricious actions by the command, it shows all requirements of law and regulation were met and the rights of the applicant were protected throughout the separation process.  

4.  The applicant also contends that his service was exceptional and is now having difficulty obtaining employment and would like Veterans’ benefits to improve his education.  The applicant’s service accomplishments and the quality of his service prior to the incident that caused the initiation of discharge proceeding 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 his offense.  

5.  Further, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.  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:  26 April 2013	Location: Washington, DC

Did the Applicant Testify?  No 

Counsel:  No

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 RE Code to:			No Change
Grade Restoration to:			NA
Change Authority for Separation:		No Change





































































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
ADRB Case Report and Directive (cont)		AR 20130003795		

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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